A food product containing cannabidiol cannot be certified as organic in the European Union unless it has first been authorised for sale under the bloc’s novel-food rules, the Court of Justice has held.
The reference came from France after the National Institute for Origin and Quality told certification bodies that natural CBD products, apart from hemp oil not enriched with CBD, and foods enriched with CBD were not eligible for organic certification. A professional hemp association challenged that position before the French Council of State.
In its judgment on 5 November, the Court accepted that CBD extracted from hemp may fall within the broad category of processed agricultural products intended for food. That classification can include novel foods regardless of whether marketing has been authorised.
Organic certification, however, cannot be separated from the rules governing lawful market access. The Court reasoned that certification communicates a positive assurance of quality and approval to consumers. Granting it before the novel-food safety process is complete could undermine health protection and mislead the public.
Novel-food authorisation requires an assessment that the intended use does not create a safety risk, mislead consumers or cause nutritional disadvantage when replacing another food. Until that process authorises CBD for the relevant food use, organic status is unavailable.
The same conclusion applies to unauthorised CBD foods intended only for export outside the EU. The Court said certification of those products could still damage the reputation of the organic label and weaken consumer confidence. The French Council of State must now resolve the national proceedings in line with the ruling.
Official Court of Justice release and judgment link
