German pharmacist and scientist Dr Mathias Schmidt has called on Fiji to use diplomatic channels to pressure Germany into finally resolving the legal wrangle that has kept kava out of the German market for over 20 years.
Dr Schmidt – who had been on the case since the initial ban by Germany’s food and drug regulator BfArM was overturned by a German court in 2002 – told this newspaper the recent ruling did not automatically give the green light for kava to enter the German market.
“Now you have a situation where technically you’re allowed to bring the product into the market but on the other side you have the regulatory authority telling you that if you do that, we will raise hell for you,” Dr Schmidt said of the almost 24-year old legal battle between a group of 12 pharmaceutical companies fighting to market kava in the country and BfArM who has repeatedly blocked court rulings allowing it.
“What I’m afraid of is by now, the companies in Germany are tired,” Dr Scmidt said.
“They have been fighting for more than 20 years. It started in 2000 and we are now in 2024, so 24 years of fighting for market authorisations.
“They have spent so much money on the lawyers and they’re coming to a point where they say: ‘we’re not earning any money from kava, so why should we continue?’.”
Dr Schmidt said the initial number of 12 companies has now dwindled to just two.
“My conclusion is we should use the impetus we now have from the German court case which is quite recent to put some pressure on Germany from the exterior, from Fiji for example.
“I think Ms Annalena Baerbock (Germany’s Foreign Minister) would be interested in hearing that.
“That is something that should come from the highest levels of governments in the South Pacific region, talk to (German Foreign Affairs ministry) and explain them the situation – that we have been waiting for 24 years now, that a wrong decision, as confirmed by the court in Germany, is still not reversed, and why. Because there’s no reason to keep up that ban,” Dr Schmidt said.
The most recent hearing was in May 2024 with the ruling on June 18, which Dr Schmidt said was still subject to BfArM’s appeal on July 23.
