Titanium dioxide has been removed from the Great Britain mandatory classification and labelling list

The Health and Safety Executive (HSE) has removed the entry for titanium dioxide (TiO₂) [in powder form] from the Great Britain (GB) mandatory classification and labelling list (GB MCL list) for hazardous substances in an update on 26 June 2024.

This change has a limited impact in practice as the vast majority of TiO₂ forms were not classified as they did not the meet the criteria for classification. However, each supplier is responsible for the classification and labelling of the forms of TiO₂ that they are placing on the market.

The change is due to new advice that the HSE received during a review of retained European Union (EU) laws that the date of application rather than the date of entry into force determined whether EU Commission Regulations became GB law during the Brexit transition period. 90 substances were affected by this change, and nearly all entries have been retained unchanged in the GB MCL list, but TiO₂ has been removed from the GB MCL list and does not now have mandatory classification and labelling in GB.

There are questions about the reliability of the scientific evidence used as the basis for the classification of TiO₂ in the European Union and the corresponding entry in the regulation was annulled in November 2022 by the General Court of the Court of Justice of the European Union, though this is currently subject to ongoing appeal proceedings.

The HSE is considering whether there are grounds for a proposal for GB mandatory classification and labelling according to the Article 37A procedure of the GB Classification, Labelling and Packaging Regulation after becoming aware of additional information. The TDMA are confident in the safety of TiO₂ and continue to invest in a significant science programme to generate further safety data and will support the HSE for their review.