• On May 3, FDA announced that it has filed a color additive petition (CAP 3C0325), submitted by the Environmental Defense Fund (EDF), the Center for Environmental Health (CEH), the Center for Food Safety (CFS), the Center for Science in the Public Interest (CSPI), and the Environmental Working Group (EWG). The petition proposes that FDA repeal the color additive regulation for titanium dioxide in 21 CFR 73.575, which permits its use in food products.

• The petitioners assert that the intended use of this color additive no longer meets the safety standard under 21 CFR 70.3(i), and cite, as evidence, an opinion by the European Food Safety Authority (EFSA) entitled “Safety assessment of titanium dioxide (E171) as a food additive” that was published in May 2021. On January 14, 2022, the European Commission (EC) announced that it adopted a ban on the use of titanium dioxide as a food additive. To read more about EFSA’s 2021 titanium dioxide safety opinion, click here.

• FDA also submitted notice of the color additive petition to the World Trade Organization’s Committee on Sanitary and Phytosanitary Measures on May 5 to request international input on the proposed titanium dioxide ban.

• FDA is currently seeking comments, additional scientific data, and other information related to the safety of titanium dioxide in foods until July 3, 2023. Electronic comments can be submitted here.

Lauren Haas, Frederick Stearns, and Emily Thomas also contributed to this article.