EU court blocks organic label for unauthorized CBD food products

European Commission classifies CBD as a novel food

This classification requires a safety assessment and formal authorisation before the product can be legally marketed.

Requirements for marketing a new food include demonstrating that it presents no health risks and does not deceive consumers. It must also ensure that the product does not have nutritional disadvantages if it replaces an existing food product.

Court warns of misleading consumers and damaging organic reputation

The court noted that an organic label could potentially mislead consumers into believing that CBD food products have already been approved for sale. Organic certification conveys a positive image of quality and approval to consumers.

The court warned that applying this label to products not yet approved for sale could damage the reputation of the certification. Such practices might also undermine consumer confidence in other products that benefit from the organic label.

The court further noted that using the label on unapproved products could threaten consumer protection and human health.

French Hemp Trade Association challenges INAO restrictions

The legal challenge began when the French Hemp Trade Association, known as the Syndicat professionnel du chanvre, took action against the National Institute for Origin and Quality, or INAO. The association contested the institute's instructions to certification bodies, which barred CBD-based products from organic recognition.

The French Hemp Trade Association argued that because CBD is extracted from hemp, it should be classified as a "processed agricultural product" under existing organic production regulations.

The Council of State asked the CJEU to clarify if CBD products qualify for organic status under EU rules despite being classified as a 'new food' by the European Commission.

Ruling excludes standard hemp seeds and oil from restrictions

Products such as hemp seeds and standard hemp seed oil remain eligible for organic certification provided they meet the required standards.

French authorities originally blocked organic certification for CBD-enriched foods and those manufactured from CBD, while allowing un-enriched hemp oil.

It does not cover all hemp-based foods, as hemp seeds and regular hemp oil may still be sold and certified as organic if they meet established standards.

Court confirms CBD safety status remains unaddressed

It did not conclude that the substance is unsafe for human consumption.

Export restrictions for unauthorized CBD products

This restriction on organic certification extends to products intended for export to markets outside of the European Union. The court determined that certifying such unauthorised products could damage the reputation of the organic label and undermine consumer trust.

French Council of State to resolve the dispute

This ruling is a binding precedent for courts in other European Union Member States dealing with similar legal issues.

Definition of processed agricultural products under EU law

Cannabidiol is a compound extracted from hemp, a variety of cannabis with low THC levels that does not produce a high.

The court clarified that while a food might fall under the scope of organic production regulations without having sales permission, organic certification is inseparable from the rules governing product marketing.