EU Court bans organic labeling of CBD foods without authorization — Deutsche Welle

The Court of Justice of the European Union has ruled that food products containing cannabidiol (CBD) cannot be certified as organic without prior authorization for their sale in the EU. Organic labeling could mislead buyers by creating the impression that such a product has already been authorized for sale, Deutsche Welle reports.

CBD is considered a novel food

Cannabidiol is a compound found in cannabis; it is usually obtained from hemp with low levels of tetrahydrocannabinol (THC). Unlike THC, CBD does not cause a psychoactive effect. It is sold, among other forms, as oils, capsules and gummy candies as an ingredient intended to support well-being.

The European Commission classifies CBD as a novel food, meaning one that was not consumed in significant quantities in the EU before May 15, 1997. A safety assessment and authorization are required for the legal sale of such products. The court noted that cannabidiol has not yet received such authorization, but did not conclude that it is unsafe.

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The dispute arose in France

The court stressed that compliance with organic production standards does not eliminate the requirement for sales authorization. In the court's view, certification helps promote a product and creates a positive perception among consumers of its quality and approval. The restriction also applies to products intended for export outside the EU.

The ruling concerns CBD-based foods or products enriched with CBD that do not have authorization on the EU market. It does not cover all hemp food products: hemp seeds and regular hemp oil may be sold and certified as organic provided they meet the established standards.

The case was referred to the Court of Justice of the EU after the French organic farming regulator INAO prohibited certification bodies from recognizing products based on or containing CBD as organic. An industry association of hemp producers challenged the decision before France's Council of State, which sought clarification from the EU court. The French court must now resolve the dispute in light of this interpretation.