Board of Appeal rules on a contested substance evaluation decision for triclosan

ECHA/NI/16/54

In Case A-018-2014, the appellant contested a substance evaluation decision requiring further information on the substance triclosan.

Triclosan is a broad-spectrum antibacterial commonly used in dentifrices, soap and other consumer products.

The contested decision required the appellant to perform persistence testing in marine and freshwater, a developmental neurotoxicity test with additional elements of an extended one-generation reproductive toxicity study (EOGRTS), and a fish sexual development test. It also required the appellant to submit all available information on the cardiotoxicity of triclosan.

The Board of Appeal decision addresses, amongst other issues, the interpretation of Annex XIII (‘relevant conditions’), Article 47 (‘relevant information’), the duty to state reasons, the proportionality of certain information requirements in the contested decision, and the admissibility of various pieces of evidence.

The Board of Appeal rejected most of the pleas and arguments made by the appellant in the appeal. The request in the contested decision for available information on cardiotoxicity was annulled.