Some 35 companies have petitioned the European Chemicals Agency (ECHA) to reverse its decision to make silicon dioxide subject to evaluation under REACH because of initial grounds for concern over ‘the substance characterization, nanoparticles and toxicity of different forms of the substance’.

The firms argue that these grounds are contrary to Article 44 of the regulation, and that none are criteria for inclusion of a substance on the Community Rolling Action Plan of substances for evaluation. The decision therefore lacks a legal basis and should be annulled.

If the appeal fails, the case could have wider implications, bringing other nanomaterials, such as silver and titanium dioxide, under the scope of the legislation.