German scientist and kava researcher Dr. Mathias Schmidt has expressed concerns over the potential for increased resistance to kava from Germany’s Federal Institute for Drugs and Medical Devices (BfArM), despite a recent court ruling that lifted previous restrictions.
BfArM initially banned kava in 2002, citing links to liver damage, which significantly impacted the Pacific kava export industry during the late 1990s and early 2000s. This ban also influenced other European Union countries to prohibit kava imports.
Dr. Schmidt explained in an interview that BfArM has the option to appeal this recent court ruling. They filed an appeal on July 23rd to the upper administrative court. “The court must decide whether to accept the appeal,” he stated. “If they reject it, the ruling stands, and BfArM will have to revise their decision. However, we should prepare for them to search for new reasons to ban kava.”
The legal struggle against BfArM has persisted for over 20 years, involving 12 pharmaceutical companies challenging the institute’s stance on kava. The case has been reviewed twice by the Administrative Court of Cologne, facing strong opposition from BfArM, which has been accused of changing criteria to maintain its ban.
Dr. Schmidt noted that the latest ruling does not imply that kava is freely available in Europe, and the legal proceedings might continue for several more years. “If the Upper Administrative Court decides to hear BfArM’s appeal, that hearing could take years to schedule,” he warned, adding that resolving the issue may take “another three or four years.”
He is now advocating for diplomatic intervention at the highest levels of government to address the situation.