German scientist and kava researcher Dr. Mathias Schmidt has raised concerns about the potential for increased 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.
BfArM had previously banned kava in 2002, citing liver damage, which significantly impacted the Pacific kava export industry in the late 1990s and early 2000s, leading to widespread refusals of kava by EU countries.
Dr. Schmidt noted in an interview that BfArM filed an appeal on July 23 to the upper administrative court. He explained that the court will determine whether to accept the appeal. If the court rejects it, the ruling will stand, compelling BfArM to reconsider its previous decision. However, Dr. Schmidt cautioned that BfArM is likely to seek new grounds to restrict kava again.
The legal struggle, which has lasted over 20 years and involved 12 pharmaceutical companies challenging BfArM’s stance on kava, has been heard twice by the Administrative Court of Cologne. BfArM has faced criticism for frequently changing its position regarding kava’s import into Germany.
Dr. Schmidt emphasized that the recent ruling does not equate to kava being permissible across Europe and suggested that the case may take several more years to resolve. He warned that if the upper court accepts BfArM’s appeal, a hearing could be delayed for an indeterminate time, possibly three to four years, given the court’s heavy caseload.
Dr. Schmidt is now urging high-level governmental intervention to support the case.