A prominent German pharmacist and scientist, Dr. Mathias Schmidt, has urged Fiji to leverage diplomatic avenues to compel Germany to finally resolve the legal dispute that has kept kava from entering the German market for over two decades.
Since Germany’s food and drug regulator, BfArM, initially banned kava, Dr. Schmidt has been advocating for its market entry, particularly after a German court overturned the ban in 2002. He stated that the recent court ruling does not automatically permit kava to be sold in Germany.
Dr. Schmidt described the current situation as complex, noting that while there is a technical allowance for kava marketing, regulatory authorities are maintaining a threat of severe repercussions for any attempt to introduce the product. This highlights the persistent struggle of twelve pharmaceutical companies working to gain permission to market kava against BfArM’s continuous opposition.
“The companies in Germany are becoming weary,” Dr. Schmidt expressed, estimating that the battle for market authorizations has lasted nearly 24 years, since 2000. He noted that the number of companies willing to pursue kava has dwindled from twelve to just two, largely due to the financial burden of prolonged legal battles.
He emphasized the need for Fiji to capitalize on the recent momentum from the German court’s case to advocate for change. Dr. Schmidt suggested that Fiji should engage directly with German officials, including Foreign Minister Annalena Baerbock, to articulate the lengthy wait for resolution and the lack of justification for keeping the ban in place.
The latest court hearing took place in May 2024, with a ruling issued on June 18 that remains subject to BfArM’s appeal scheduled for July 23.