German pharmacist and scientist Dr. Mathias Schmidt has urged Fiji to leverage diplomatic efforts to compel Germany to resolve a long-standing legal dispute that has prohibited kava from entering the German market for over two decades.
Dr. Schmidt, who has been involved in the case since Germany’s food and drug regulatory authority, BfArM, initially banned kava in the early 2000s, highlighted that a recent court ruling does not automatically allow kava to be sold in Germany.
He explained the precarious situation stating, “Technically, the product can be brought into the market, but the regulatory authority warns that they will take action if that happens.” This ongoing legal battle involves a collective of twelve pharmaceutical firms striving to market kava while facing persistent obstruction from BfArM, which has repeatedly thwarted court decisions favoring them.
Dr. Schmidt expressed concern that the companies in Germany are growing weary of the lengthy fight. “They have been struggling for over 20 years. It began in 2000, and as we approach 2024, that’s 24 years of seeking market approvals,” he noted, emphasizing the financial strain on these companies.
From the original group of twelve companies, only two remain committed to navigating this protracted process. “I believe we should take advantage of the momentum generated by the recent German court case to apply external pressure on Germany, especially from Fiji,” he suggested.
Dr. Schmidt believes that Germany’s Foreign Minister, Ms. Annalena Baerbock, would be receptive to this issue. He recommended that high-level discussions occur between the South Pacific governments and the German Foreign Affairs ministry to clarify the situation and address the unjust ongoing ban, which, despite judicial confirmation of its incorrectness, still stands.
The latest hearing on this matter occurred in May 2024, and although a ruling was made on June 18, it is still pending BfArM’s appeal set for July 23.