German pharmacist and scientist Dr. Mathias Schmidt has urged Fiji to utilize diplomatic means to compel Germany to resolve the ongoing legal issues preventing kava from entering the German market for over two decades. Dr. Schmidt, who has been involved since the German food and drug regulator BfArM’s initial ban was overturned by a German court in 2002, noted that the recent court ruling does not automatically permit kava’s market entry in Germany.
He expressed concern that although technically there is now a possibility for the product to be marketed, BfArM has warned that taking such action would lead to significant regulatory pushback. Dr. Schmidt highlighted the prolonged struggle involving a group of 12 pharmaceutical companies battling BfArM, which has consistently obstructed court decisions in favor of kava.
“The companies are growing weary,” Dr. Schmidt stated, emphasizing that the legal fight has spanned more than two decades, beginning in 2000. He mentioned that the initial group of twelve companies has now reduced to just two, as ongoing legal expenses without any financial return from kava have led many to reconsider their commitment to the market.
Dr. Schmidt suggested that the recent developments in the German court case should encourage action from the German authorities, particularly from the South Pacific region, including Fiji. He believes that engagement from senior government officials in that region could influence the German Foreign Affairs Ministry to address the situation, which he called a longstanding wrongful decision that remains unrectified.
The latest hearing occurred in May 2024, with a ruling issued on June 18, which Dr. Schmidt indicated remains subject to BfArM’s appeal scheduled for July 23.