TiO2 Still A California Prop 65 Target; EU Commission Returns To SCCS With New Safety Questions
Titanium dioxide use in cosmetic products is getting another look by the EU’s Scientific Committee on Consumer Safety, with a focus on genotoxicity and exposure via inhalation and oral routes. Stateside, potentially respirable TiO2 continues to be the focus of Prop 65 lawsuits in California.
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Ballard Spahr attorney Brendan Collins warned attendees to take Prop 65 violation notices seriously and address them in a timely manner, speaking at the Independent Beauty Association’s 2022 Technical Regulatory Forum.
As of 5 February, the Scientific Committee on Consumer Safety is evaluating use of titanium dioxide – now officially classified as a Category 2 carcinogen in the EU – in cosmetic products that can expose consumers by way of inhalation. Without a favorable SCCS opinion, the ingredient’s use in those contexts will be banned under Article 15 of the Cosmetics Regulation.
A win for industry in California Prop 65 litigation targeting titanium dioxide-containing cosmetics illustrates the importance of getting involved early in the listing process and challenging the factual basis for exposure claims. Morrison & Foerster attorney Michael Steel discusses the case and its takeaways.