German researcher Dr. Mathias Schmidt, who specializes in kava studies, has issued a warning about the potential for increased resistance to kava from Germany’s Federal Institute for Drugs and Medical Devices (BfArM). This comes despite a recent court decision that lifted some of the restrictions BfArM had imposed on kava.
BfArM originally banned kava in 2002, citing concerns over liver damage, a move that severely impacted the Pacific kava export industry during the late 1990s and early 2000s. This ban influenced a wider reluctance among European Union countries to accept kava.
Dr. Schmidt highlighted that BfArM has the option to appeal the court’s decision and did so on July 23 to the upper administrative court. He stated, “The court now has to determine whether to accept the appeal. If they refuse, the ruling will stand, and BfArM will have to revise their decision. However, we should be prepared for the possibility that they will seek new grounds for banning kava, as it is unlikely they will relinquish their stance easily.”
The ongoing legal battle has persisted for over 20 years, involving 12 pharmaceutical companies challenging BfArM’s restrictions on kava. The case has been considered twice by the Administrative Court of Cologne and has faced tough opposition from BfArM, which has been accused of frequently changing its criteria for kava’s market entry.
Dr. Schmidt emphasized that the recent court ruling does not equate to kava being freely available in Europe, indicating that this legal situation might continue for many more years. He noted, “If the Upper Administrative Court decides to hear BfArM’s appeal, the hearing could be far off, possibly taking another three or four years. The court has many priorities, and this case may not be at the top of their list, leaving everyone in suspense.”
In light of these developments, Dr. Schmidt is calling for diplomatic intervention from high government officials to help resolve the issue.