EU Reg Stands To Classify TiO2 As ‘Suspected’ Carcinogen Beginning Summer 2021
Reportedly, the Council of the European Union is considering member state objections and requests to extend the current scrutiny period beyond 4 December for a Commission delegated regulation that would classify titanium dioxide as a Category 2 carcinogen by inhalation. The move threatens to impact the marketing of sunscreens and other cosmetics in the EU that contain respirable TiO2 particles.
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TiO2's nano-form use in spray sunscreens is already prohibited in the EU under the Cosmetics Regulation, but broader restrictions potentially extending to other cosmetic categories could be imposed down the line following a proposal from ECHA's Committee for Risk Assessment that the ingredient be CLP-classified as a suspected carcinogen when inhaled. There are also potential ramifications stateside to consider.
Cannabidiol (CBD) represents an intriguing opportunity for cosmetics, without the statutory obstacles faced by food and dietary supplement companies. Cosmetics marketers are taking advantage, but the FDA’s recent warning letter blitz is a reminder that CBD-infused beauty products are bound by the same rules that apply to other cosmetics.
Federal preemption of state and local requirements that differ from federal mandates came up repeatedly at the House Energy & Commerce Health Subcommittee’s 4 December cosmetics hearing. Meanwhile, both NGO and industry stakeholders generally support FDA review of cosmetic ingredients, but the details of such a framework likely will be contentious as work progresses.