TAGS: Sun Care
The EU harmonized classification of certain forms of titanium dioxide (TiO₂) as a suspected carcinogen (cat. 2) by inhalation published in the EU Official Journal on 18 February 2020 creates fundamental uncertainties. The classification introduces several new concepts and terms without providing any meaningful definitions or interpretative guidelines.
TDMA's Defensible Interpretation
Given the uncertainties and ambiguities created in the classification, the Titanium Dioxide Manufacturers Association (TDMA) and its members have attempted to find a practical and defensible interpretation of the classification to enable meaningful and consistent compliance.
The TDMA’s Interpretation document is now available for downloading. It expresses the TDMA’s interpretation of the scope and application of the new classification so as to help manufacturers, importers and downstream users in applying this classification to the extent possible.
However, considering the uncertainties inherent to this classification, alternative interpretations may exist. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law.
TDMA Disagrees with TiO₂ Classification
The TDMA continues to disagree with the classification of TiO₂ as there is no reliable, acceptable or available data to suggest that TiO₂ causes cancer. The Member Companies of the TDMA as a part of a wider group of TiO₂ producers and users submitted on 13 May 2020 an action to the General Court of the European Union seeking annulment of the harmonized classification.
The decision of the General Court is expected to take 2 to 3 years and therefore will be after the classification comes into force on 1 October 2021. In the meantime, TDMA and its members will focus on finding a way to implement the regulation from that date despite the uncertainties of the classification.
Source: Titanium Dioxide Manufacturers Association (TDMA)