Articles for the ‘Regulatory’ Category

The European Commission often relies on scientific evidence for its regulatory decisions. But when challenged, how much deference is owed to the regulator’s interpretation of the underlying science? This question came up in Joined Cases C‑71/23 P and C‑82/23 P concerning the classification of titanium dioxide – a chemical used in products like cosmetics and medicinal products – as a suspected human carcinogen. The Commission’s decision was based on technical input from the European Chemicals Agency (ECHA). After the General Court (GC) struck down the classification, criticizing the technical input, the Commission and France appealed. They argued that the General Court had overstepped its judicial role. The Court of Justice (ECJ) upheld the annulment, confirming the Court’s power to review the technical reasoning behind a regulatory decision.

Under the EU’s REACH Regulation 1907/2006, substances must be registered with the European Chemicals Agency before being imported. The duty to register lies with the importer. In practice, the act of ‘importing’ often involves multiples actors, including the seller, the buyer and various intermediaries who move the goods across borders. So, who then should register the substance, who is the ‘importer’, and is it possible to shift the responsibility? In the Triferto case (C-654/22), the EU Court of Justice (ECJ) clarified that a person other than the buyer may present itself as the importer and assume the registration obligation.

The European Commission has authorised a new food health claim recognising the digestive health benefits of green kiwifruit. The claim—“Consumption of green kiwifruit contributes to normal bowel function by increasing stool frequency”—has recently been added to the Union list of permitted claims under Regulation (EU) No 432/2012, following a five-year authorisation process.

On 6 January 2025, the European Commission published a draft proposal aimed at further harmonising labelling requirements for plant protection products (PPPs) in the European Union (EU). The proposal intends to repeal the existing labelling rules and introduce certain new requirements, including mandatory digital labelling. Since the draft proposal has not yet been formally adopted, some changes to the final version remain possible.