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EFSA Panel Concludes That Titanium Dioxide Cannot Be Considered Safe as a Food Additive

On May 6, 2021, the European Food Safety Association (EFSA) announced that E171 is no longer considered safe when used as a food additive.  The European Commission (EC) asked EFSA to update its safety assessment of the food additive titanium dioxide (E171).  EFSA states:  “Taking into account all available scientific studies and data, the Panel [on Food Additives and Flavorings] concluded that titanium dioxide can no longer be considered safe as a food additive.  A critical element in reaching this conclusion is that we could not exclude genotoxicity concerns after consumption of titanium dioxide particles.  After oral ingestion, the absorption of titanium dioxide particles is low, however they can accumulate in the body.”  According to EFSA, the Panel applied for the first time the 2018 EFSA Scientific Committee guidance on nanotechnology to the safety assessment of food additives.  EFSA states that “[t]itanium dioxide E 171 contains at most 50% of particles in the nano range (i.e. less than 100 nanometres) to which consumers may be exposed.”  EFSA notes that its evaluation is related to the risks of titanium dioxide used as a food additive, not to other uses.  EFSA has not banned E171.  Any legislative or regulation decisions on the authorizations of food additives are the responsibility of the EC and member states, who will now “reflect on EFSA’s scientific advice and decide upon any appropriate regulatory measures or advice for consumers.”

©2023 Bergeson & Campbell, P.C.National Law Review, Volume XI, Number 130
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About this Author

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

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 process allows her to develop client-focused strategies whether...

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Carla Hutto, Bergeson Campbell PC environmental law regulatory analyst,Toxic Substances Control Act law attorney
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...

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