The Court of Justice of the European Union (CJEU) has annulled the decision of the European Commission on the harmonised classification and labelling of titanium dioxide as a carcinogenic substance by inhalation.
The CJEU decision is based on two main points; first, that the requirement to base the classification of a carcinogenic substance on reliable and acceptable studies was not fulfilled, and second, that the classification of a substance as a carcinogen can only apply to a substance which has the intrinsic property to cause cancer.
The decision can be appealed before the Court of Justice within two months and ten days of the ruling date (23 November 2022).
For further information, see the CJEU press release on the ruling.
The Department for Health and Social Care (DHSC) have announced their intention to revoke Annex VIII to GB CLP using the powers granted under the Retained EU Law (REUL) Bill, following a conclusion that the costs to industry will outweigh the benefits.
