Melamine: Companies‘ Lawsuit Fails – Classification as a Substance of Very High Concern Retained

In its ruling of July 9, the Court of Justice of the EU confirmed the ECHA classification of melamine as a substance of very high concern (SVHC). Melamine manufacturers and downstream users had legally challenged the inclusion of the substance in the candidate list.

Melamine on the Candidate List for some time

Melamine was classified as particularly harmful to human health and the environment at the beginning of 2023 and added to the candidate list. The substance is considered potentially persistent, mobile, and toxic (PMT) and very persistent and very mobile (vPvM) according to the CLP criteria.

Claims

The plaintiffs considered the classification unlawful. They argued that mobility is not an inherent property of melamine. Instead, it depends on exposure. However, the court clarified that no inherent property is required for classification as an SVHC. Rather, it is the sum of the effects, such as its persistence and mobility in the environment, that counts.

The plaintiffs also argued that their right to be heard during the procedure for adopting the ECHA decision was violated. The court rejected this point as well, stating that the REACH Regulation does not provide for such a right to be heard. Only a statement in the context of public consultation is possible.

A ubiquitous substance

Because of its widespread use, melamine is one of the substances most frequently found in water samples. In fact, melamine is a “high production volume chemical.” Most of it is processed into melamine resin.

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