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) following a recent court ruling that removed previous restrictions on the substance.
BfArM’s initial prohibition of kava in 2002 was based on the substance’s alleged link to liver damage, a decision that significantly impacted the Pacific kava export industry during the late 1990s and early 2000s. This ban has influenced numerous countries within the European Union to reject kava imports.
Dr. Schmidt noted in an interview that BfArM has the option to appeal the recent court ruling, having done so on July 23 to the upper administrative court. “The court must now decide whether to accept the appeal. If they deny it, the ruling becomes final, and BfArM will need to revisit their decision. However, I expect they will pursue other avenues to impose restrictions on kava,” he stated.
The legal struggle regarding kava has been ongoing for over 20 years, involving 12 pharmaceutical companies that have challenged BfArM’s restrictive measures. The case has been reviewed twice by the Administrative Court of Cologne and has faced fierce resistance from BfArM, which has been accused of continuously altering its stance on the substance’s legality.
Dr. Schmidt emphasized that the latest court ruling does not equate to unrestricted access to kava in Europe, suggesting that the matter could extend over several more years. “Should the Upper Administrative Court agree to BfArM’s appeal, a hearing could be years away. The timeline is uncertain, as the court has many pending cases,” he explained.
In light of the ongoing challenges, Dr. Schmidt is urging high-level government intervention to address the issue.