Kava group welcomes new ruling in Germany | ‘Landmark’ verdict

Listen to this article:

Dried kava ready to be chopped for processing at the Fiji Kava factory in Navua, on Tuesday 25 April 2023. Picture: ELIKI NUKUTABU/FT FILE

A new ruling on kava in Germany has been welcomed by the Kava Coalition, an advocacy group of kava producers advocates, scientists and consumers around the world.

“A landmark decision by the German court on 18 June 2024, removing arguments for long-standing restrictions imposed by BfArM (the Federal Institute for Drugs and Medical Devices) on the marketing of kava as a pharmaceutical in Germany,” the group said in a statement issued this week.

“This decision marks the end of over two decades of impediments that had prevented kava’s reintroduction into the German market.”

They said recent developments have vindicated long-standing objections raised by kava advocates, highlighting discrepancies in BfArM’s handling of kava extracts and the unjust use of “tudei” kava varieties in their assessments.

“The court’s decision to overturn BfArM’s objections is a clear recognition of insubstantial evidence backing their arguments,” executive director of the Kava Coalition Mathew Lowe said. “Germany, and other European countries, should remove illegitimate barriers to kava and make it legal, regulated, and safe for consumers.”

Dr Mathias Schmidt, a German pharmacist, scientist and kava advocate well versed with the German kava ban issue since it started in early 2000, confirmed the latest ruling to The Fiji Times last night.

“I am still involved, having been in all the court debates including the last one in May 2024 with the ruling of June 18,” Dr Schmidt told this newspaper.

“The Administrative Court of Cologne for the second time cancelled the decision of the German regulatory authority BfArM to cancel the marketing authorisations of kava-extract containing medicinal products.

“BfArM appealed, and although there is little chance that this appeal will be successful, it means that there is a further delay until the Upper Administrative Court of Münster has taken its decision whether to accept or reject the appeal.

“If they accept, the delay will be even much longer,” Dr Schmidt said.

“Please note that this ruling does not mean that kava is free for consumption in Europe.

“It is an important step towards this goal, but that will require long debates with food regulatory authorities,” he cautioned.

The Kava Coalition is hoping things will finally change with the latest ruling.

“Now that BfArM’s arguments prohibiting kava have been dismissed, the next step is for the German government to lead the way in restoring a regulated but consumer-accessible kava market in Germany,” said Mr Lowe.

“With a foothold in Germany, it is all but certain that other European restrictions on kava will begin to fall.” || Kava group welcomes new ruling in Germany || Kava group welcomes new ruling in Germany