EU court rules CBD food products cannot carry organic label
The Court of Justice of the EU has ruled that food products based on cannabidiol (CBD) cannot be certified as organic until they are authorized for sale on the EU market. The case was brought in France by a hemp trade association.
The Court of Justice of the European Union in Luxembourg ruled on Thursday, 5 November, that food products based on cannabidiol (CBD) cannot receive organic certification. The reason is that such products are not formally legal to sell on the EU market. The decision matters to hemp sellers and consumers alike, as it clarifies that an organic label cannot come before market authorization.
CBD, or cannabidiol, is a non-psychoactive compound found in marijuana plants. It has gained popularity as a way to relax without getting high. In some European countries, shops exploit a legal grey zone to sell CBD products that are not explicitly marketed for human consumption.
Background to the case
The case was launched in France by the Professional Hemp Trade Association. Its member sellers challenged a refusal by France's National Institute for Origin and Quality to grant organic certification to CBD edibles such as gummies.
The European Commission classifies natural CBD as a so-called novel food, which has yet to receive authorization for sale on the EU market. The court concluded that CBD can be certified as organic only after it has been authorized for the market.
The court's reasoning
The judges said the certification is more than a decorative badge. In their words, it "conveys a more general promise of quality and acceptance of a given product in the eyes of consumers, with this positive image being an intended commercial effect." Placing it on a product not approved for sale could therefore be misleading.
The ruling is consistent with earlier national measures. In France, the government ordered edible CBD products to be pulled from shelves entirely in May this year.
