The Court of Justice of the European Union has issued an important sentence on titanium dioxide (tio₂), a substance still widely used as a white pigment in numerous industrial and consumption products. It is found, among other things, in paintings, paints, medicines, cosmetics (including solar creams), toys and plastic materials, thanks to its ability to give a bright white, opacity and protection from UV rays.
It should be immediately clarified that the judgment of the Court only concerns the classification of titanium dioxide as potentially carcinogenic by inhalation. In practice, the previous indication is canceled which considered it suspected of causing cancer if breathed in the form of dust.
The judicial affair
The debate on titanium dioxide has undergone numerous legal stages in recent years. In 2016, the French authorities for food and environmental safety proposed to the competent European Agency to classify this substance as potentially carcinogenic if inhaled, at least in the form of fine dust. The following year, the European body in charge of the risk assessment confirmed the validity of this proposal.
On the basis of this evaluation, in 2019 the European Commission introduced a legislation that required the labeling of titanium dioxide as a carcinogenic suspicion for inhalation in dust with a significant percentage of very small particles. However, the decision immediately met opposition: several manufacturers and user companies of the compound brought the question before the European Union court, contesting the scientific correctness underlying the classification.
On November 23, 2022 the Court gave them right, canceling both the classification and the obligation of labeling. The main motivation was that the Commission had incorrectly evaluated a key study on which the decision was based. France and Commission then tried to overturn the verdict by addressing the Court of Justice EU, but with the sentence of 1 August 2025 the Court confirmed the decision of the Court, definitively sanctioning that the classification of titanium dioxide as a carcinogen for inhalation cannot be maintained.
What about titanium dioxide in food?
The decision does not change the ban on the use of titanium dioxide in food, which remains banned as an additive (E171) following the evaluation of the 2021 EFSA, which highlighted its risk of genotoxicity. In other words, the sentence concerns only industrial use powder and classification as carcinogen for inhalation, not use in food or other regulated applications.
Foodwatch replica
Foodwatch, European NGO engaged in consumer protection and food transparency, harshly criticized the court ruling, underlining that the verdict represents a victory for industrial lobbies and could open the way for future legal disputes on the safety classifications of chemicals.
Foodwatch recalled how industries have often refused to provide the Acade for complete information on the nanoform of titanium dioxide, hindering scientific assessments. According to the NGO, the decision questioned the EU’s ability to effectively protect public health from dangerous chemicals, highlighting the continuous conflict between industrial logic and consumer protection.
In a press release the organization writes:
The judgment of the Court on the carcinogenicity of titanium dioxide serves to recall forcefully that the battle between the interests of industry and the protection of public health is far from resolved in European chemical regulation.
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Sources: Court of Justice of the European Union /Foodwatch
