German scientist and kava researcher Dr. Mathias Schmidt has raised concerns about the potential for renewed opposition to kava from Germany’s Federal Institute for Drugs and Medical Devices (BfArM), despite a recent court ruling that lifted restrictions imposed by the regulator.
The BfArM initially banned kava in 2002, linking it to liver damage, a decision that contributed to the decline of the Pacific kava export market in the late 1990s and early 2000s. This ban also influenced other European Union countries to refuse kava market entry.
Dr. Schmidt noted in an interview that BfArM had filed an appeal on July 23 to an upper administrative court. He explained that the court must now decide whether to accept this appeal. If the appeal is rejected, the ruling will stand, and BfArM will need to revise its decision. However, he cautioned that BfArM may continue to search for new reasons to ban kava.
The ongoing legal battle, which has lasted over 20 years and involved 12 pharmaceutical companies challenging BfArM’s restrictions, has seen the case presented at the Administrative Court of Cologne twice. Opponents have accused BfArM of continually changing their stance on kava.
Dr. Schmidt emphasized that the latest court ruling does not mean kava is freely available in Europe, and the legal proceedings could extend for several more years. He stated, “If the Upper Administrative Court accepts BfArM’s appeal for a hearing, it could take three to four years before anything is resolved.”
In light of the situation, Dr. Schmidt is appealing for high-level diplomatic intervention from the government.