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European Scientific Committee on Consumer Safety Seeks Comment on Opinion on Titanium Dioxide (Nano Form) as UV-Filter in Sprays

On March 10, 2017, the Scientific Committee on Consumer Safety (SCCS) began a public consultation on its opinion on titanium dioxide (nanoform) as an ultraviolet (UV)-filter in sprays.  In July 2015, the European Commission (EC) received new data from industry to support the safe use of nano titanium dioxide when used as a UV-filter in sunscreens and personal care spray products at a concentration up to 5.5 percent.  The EC asked SCCS whether, in light of the data provided, nano titanium dioxide is safe when used as a UV-filter in sunscreens and personal care spray products at a concentration up to 5.5 percent.  SCCS concluded that, on the basis of the provided data, the information is insufficient to allow assessment of the safety of the use of nano titanium dioxide in sprayable applications. 

The opinion notes that exposure studies have not been conducted using representative sprayable products that may be intended for the European Union market.  The submission also does not contain a toxicological evaluation for nano titanium dioxide via the inhalation route, which SCCS states would allow deriving a point of departure for risk assessment using worst-case conditions.  SCCS emphasizes that compliance with the specifications from its previous opinion on nano titanium dioxide, SCCS/1516/13, will not imply absence of effects after inhalation exposure.  That opinion addressed only the safety of nano forms of titanium dioxide in dermal applications and excluded sprayable products.  The draft opinion states:  “In fact, that [earlier] Opinion expressed concerns over the safety of TiO2 nanomaterial applications that could lead to inhalation exposure of the consumer to TiO2 nanoparticles.” The EC also asked whether SCCS had any further scientific concerns regarding the use of nano titanium dioxide when used as a UV-filter in sunscreens and personal care spray products.  The draft opinion does not include a response from SCCS.  Comments are due May 14, 2017.

©2017 Bergeson & Campbell, P.C.

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Lynn Bergeson, Campbell PC, Toxic Substances Control Act Attorney, federal insecticide lawyer, industrial biotechnology legal counsel, Food Drug Administration law
Managing Partner

Owner of Bergeson & Campbell, P.C. (B&C®), Lynn L. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and especially how these regulatory programs pertain to nanotechnology, industrial biotechnology, synthetic biology, and other emerging transformative technologies. Her knowledge of and involvement in the policy...

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Carla Hutton, Bergeson Campbell PC, global regulatory attorney, public health activists lawyer, metals industry legal counsel, Toxic Substances Control Act law
Regulatory Analyst

Since 1996, Carla Hutton has monitored, researched, and written about regulatory and legislative issues that may potentially affect Bergeson & Campbell, P.C. (B&C®) clients. She is responsible for creating a number of monthly and quarterly regulatory updates for B&C's clients, as well as other documents, such as chemical-specific global assessments of regulatory developments and trends. She authors memoranda for B&C clients on regulatory and legislative developments, providing information that is focused, timely and applicable to client initiatives. These tasks have proven invaluable to many clients, keeping them aware and abreast of developing issues so that they can respond in kind and prepare for the future of their business.

Ms. Hutton brings a wealth of experience and judgment to her work in federal, state, and international chemical regulatory and legislative issues, including green chemistry, nanotechnology, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA), Proposition 65, and the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) program.

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