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EU court blocks organic certification for CBD foods without market approval

Summarised from 2 outlets · Updated 5 Nov, 17:11 · Archive

The EU's top court ruled that foods containing CBD cannot be certified organic until authorised for sale in the bloc.

The EU's top court ruled Thursday that foods containing CBD cannot receive organic certification without first being authorised for sale in the bloc. The court said an organic label could mislead shoppers into thinking CBD foods had been approved for sale.

CBD is a compound found in cannabis, commonly extracted from hemp. Unlike THC, it does not produce a high. The European Commission classifies CBD as a 'novel food' — a food not consumed to a significant degree in the EU before May 15, 1997. Such foods require a safety assessment and authorisation before they can legally be marketed. The court noted that CBD has not yet received that authorisation.

The case was launched by the Professional Hemp Trade Association in France, where some hemp sellers wanted to sell CBD products with an organic label. The court reasoned that organic certification 'conveys a more general promise of quality and acceptance of a given product in the eyes of consumers', and placing it on a product not approved for sale could be misleading. The ruling concerns CBD-based or CBD-enriched foods lacking EU market authorisation, rather than all cannabis-derived foods — hemp seeds and hemp seed oil can legally be certified organic if they meet relevant standards.

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In this story: European Union · Court of Justice of the EU · European Commission · Professional Hemp Trade Association · France

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