German pharmacist and scientist Dr. Mathias Schmidt has urged Fiji to leverage diplomatic channels to encourage Germany to finally resolve the ongoing legal dispute that has prevented kava from entering the German market for over two decades.
Dr. Schmidt, who has been involved in this case since Germany’s food and drug regulator BfArM imposed a ban on kava that was later overturned by a German court in 2002, emphasized that the recent court ruling does not automatically permit kava to be sold in Germany.
“We find ourselves in a situation where, technically, you can bring the product to market, yet the regulatory authority warns that any attempt to do so will face significant backlash,” Dr. Schmidt noted, referring to the lengthy legal struggle involving twelve pharmaceutical companies trying to market kava and BfArM, which has consistently obstructed legal rulings in favor of kava.
Dr. Schmidt expressed concern that the companies in Germany may be growing weary of the lengthy battle. He remarked, “They have been fighting for more than 20 years. It began in 2000, and now, in 2024, that marks 24 years of seeking market authorizations.” He highlighted the financial burden of legal fees on these companies, with some questioning the profitability of continuing the fight for kava.
The number of companies involved has dwindled from twelve to just two. Dr. Schmidt believes that momentum from the recent German court case should be utilized to press Germany for action from Fiji. He suggested that Germany’s Foreign Minister, Annalena Baerbock, would likely be receptive to such discussions.
“It is essential for high-level government officials from the South Pacific to engage with the German Foreign Affairs Ministry to explain the situation. We have been waiting for 24 years, and despite the court’s confirmation that a wrong decision was made, it has yet to be reversed,” Dr. Schmidt stated, emphasizing that there is no justification for maintaining the kava ban.
The latest hearing took place in May 2024, with a ruling on June 18. Dr. Schmidt mentioned that this ruling is still susceptible to an appeal by BfArM, which is expected on July 23.