Brussels – Carcinogenic titanium dioxide, the EU Court annuls the Community regulation. The European Commission has based its assessments on insufficient elements, and this leads the Luxembourg judges to start the job all over again. “Not satisfied” the requirement that the should be based classification of a carcinogen on reliable and acceptable studies. This is "a manifest error", since the EU executive "did not take into account all the pertinent elements" for the purpose of calculating lung overload and therefore the actual risks to human health.
To tell the truth, it should be remembered, the ban on the substance used as a food coloring came after requesting the opinion of the Food Safety Agency (EFSA). Just EFSA had found that the use of titanium dioxide, used above all for baked goods, soups, chewing gum and sauces, would not be safe when used as an additive. Something, however, did not work in the evaluations of the Commission, accused of having collected insufficient information and data.
According to the Court of Luxembourg, the EU executive also made a mistake in the classification and labeling of the substance subject to legislation. In particular, the criterion according to which the classification of a substance as carcinogenic can only concern a substance with the intrinsic property of causing cancer was "violated". In other words, it is not a matter of harmfulness per se but only in certain cases and under certain conditions, a specific failure that produces an irregularity such that it cannot save the regulation.
The danger of carcinogenicity, notes the Court of Luxembourg, "is connected only to certain" respirable titanium dioxide particles present in a certain physical state, a certain shape, size and quantity, "it only occurs in conditions of lung overload and corresponds to particle toxicity. The Commission can now appeal to the Court, but in the meantime receives a rejection.
Source: EU Commission
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