Google AI


Modern Australian

Court rulings increasingly demand scientific certainty – but that’s not always possible

  • Written by: Sarah Wilson, PhD Candidate in Emerging Technologies Governance, Institue for Sustainable Futures, University of Technology Sydney
Court rulings increasingly demand scientific certainty – but that’s not always possible

Last month, courts on both sides of the Atlantic delivered a clear verdict: when classifying titanium dioxide as carcinogenic, regulatory agencies had overreached.

These parallel legal defeats expose deeper questions about who gets to interpret contested science.

In the modern world, legal decisions – especially ones dealing with regulation – are increasingly based on complex science. But sometimes, the science isn’t settled. When certainty remains elusive, who gets to be the authority?

The case of titanium dioxide

Titanium dioxide lies at the heart of the recent legal challenges. It’s a white mineral powder used in many everyday products such as paint, sunscreen, toothpaste and even food.

For decades, titanium dioxide was considered safe. However, in the early 2000s, with the advent of nanomaterials science, it became widely available in nanoparticle form. And scientists found that typical titanium dioxide powder contains some nanoparticles too.

Research emerged showing these tiny titanium dioxide particles may interact with biological systems differently compared with their larger counterparts. This sparked controversy about a substance previously thought to be safe.

The turning point came in 2010, when the International Agency for Research on Cancer (IARC) classified titanium dioxide as “possibly carcinogenic to humans”. This means there’s limited evidence for human carcinogenicity, but there could be some evidence from animal studies, or simply evidence that the substance has the characteristics of a carcinogen.

Read more: Does this cause cancer? How scientists determine whether a chemical is carcinogenic – sometimes with controversial results

In the case of titanium dioxide, the classification was primarily based on studies in rats. The animals had more lung tumours when they breathed in high concentrations of titanium dioxide particles.

Naturally, regulators responded. California added airborne titanium dioxide of certain particle sizes to its Proposition 65 list in 2011. This meant products with it, such as spray-on sunscreens and cosmetic powders, would need warning labels.

A Reddit user posted the State of California’s cancer warning about titanium dioxide in their acoustic guitar. AcousticGuitars/Reddit

Eight years later, the European Commission also classified titanium dioxide powder as a suspected carcinogen. This resulted in mandatory warning labels on products with titanium dioxide powder sold in Europe.

Decisive – or not so much?

A warning label might seem decisive. However, beneath it lies a profound scientific uncertainty. It’s a common challenge with emerging fields such as nanoscience.

For titanium dioxide, the uncertainty manifested in two ways.

First, as with many suspected carcinogens, the IARC classification ignited debate within the scientific community. Could animal study results meaningfully predict human cancer risk? Animal studies often demonstrate a strong mechanism for harm, but it’s not possible to test directly in humans. That makes it tricky to establish cause and effect.

Read more: If 'correlation doesn’t imply causation', how do scientists figure out why things happen?

Second, studies on nano titanium dioxide toxicity continue to yield inconsistent and contradictory findings. Current research shows toxicity heavily depends on several factors, from exposure to individual susceptibility.

Evidence in the courts

The scientific complexity on titanium dioxide created fertile ground for legal challenges. Industry groups contested both “carcinogenic” rulings, arguing regulators had misinterpreted the science.

The courts ultimately agreed. On August 1 2025, Europe’s highest court sided with the titanium dioxide industry. It found European regulators had failed to consider all relevant factors when assessing scientific evidence.

This ruling hinged on something highly technical. The courts found regulators had used an incorrect particle density value when calculating lung overload in rat studies. This undermined their assessment of whether the animal data reliably predicted human cancer risk. The court nullified the classification entirely.

Similarly, on August 12 2025, a US federal court struck down warning requirements for titanium dioxide in cosmetics.

While acknowledging the warnings were technically accurate sentence-by-sentence, the court found the underlying science didn’t meet the established legal standard of being “purely factual and uncontroversial”.

In part, the warnings were deemed “controversial” because significant scientific debate persists.

The legal landscape is changing

These court rulings represent a critical evolution in regulatory science.

In their initial classification decisions, the US and European agencies prioritised precaution. They recognised that animal studies typically come before human evidence, and that research on nano titanium dioxide was still emerging.

They followed the proper established processes and made reasonable decisions under uncertainty.

In both cases, the courts used legal knowledge standards to reject these scientific applications. This blurs the boundary between science and how courts oversee regulatory processes.

Critics argue courts “are not scientists” and lack the expertise to make these types of decisions. Judges are trained for legal complexity and shouldn’t replace the decisions of trained scientific committees in areas of scientific uncertainty.

When courts and science intertwine

Rulings such as the ones on titanium dioxide raise several important questions for our legal system.

How much do judges really understand science? Should judges be able to override trained scientists to resolve technical disputes? Or does judicial oversight effectively balance against regulatory overreach in complex scientific contexts?

When should regulators act on complex science? Since the 1950s, many toxic substances present this dilemma: controlled human studies are unethical, and widespread exposure eliminates the unexposed control groups needed for comparison. Should agencies wait for definitive proof – which may not be possible to obtain – or act on evidence of potential harm to protect public health?

Can scientists effectively communicate uncertainty? Emerging science is in a constant state of uncertainty. By contrast, legal systems require definitive decisions within specific timeframes. When scientific consensus is lacking, how can scientists help regulators and courts proceed?

These questions aren’t just about interpreting science. As complex technologies continue to be integrated into our daily lives, scientific uncertainty could increasingly become a legal concern. How do we make sure our legal institutions are up to the task?

This is a big challenge, but one thing is clear: scientific and legal experts must work together to find the solution.

Authors: Sarah Wilson, PhD Candidate in Emerging Technologies Governance, Institue for Sustainable Futures, University of Technology Sydney

Read more https://theconversation.com/court-rulings-increasingly-demand-scientific-certainty-but-thats-not-always-possible-264991

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionally ...

Road Signs: Understanding Their Role in Clear and Effective Signage

Effective signage and display hardware can help businesses communicate information, promote products and organise customer or visitor movement. Road...

Bottle Label Printing: Key Factors to Consider Before Your Next Packaging Run

Effective packaging begins with understanding the product, bottle material, artwork and production requirements when planning bottle label printing. H...

Planning a Long-Distance Move With Interstate Movers Melbourne

Moving between states involves more planning than a typical local relocation. Along with packing and transporting household belongings, you need to...

Understanding the Role of an I/O Controller in Industrial Automation

Modern industrial systems depend on accurate communication between sensors, machines and control systems. An I/O controller can help manage this commu...