EU court: CBD foods need approval for sale before they can be certified organic

Authorization comes before certification

The European Union’s top court ruled Thursday that foods containing cannabidiol, or CBD, must be authorized for sale in the bloc before they can receive organic certification. Meeting organic production standards does not replace the requirement for market authorization.

The court said an organic label could mislead shoppers about whether CBD foods had been approved. It said certification promotes products and gives consumers a positive impression of their quality and approval.

The ruling applies to CBD-based or CBD-enriched foods without EU market authorization, including products intended for export outside the bloc. It does not declare CBD unsafe.

CBD and novel food rules

CBD is a compound found in cannabis and is commonly extracted from hemp, varieties with low levels of THC. Unlike THC, CBD does not produce a high. It is sold in products such as oils, capsules and gummies, often promoted for wellness.

The ruling concerns CBD in food, not medicines, although CBD is also found in medical marijuana. Hemp seeds and ordinary hemp seed oil are among cannabis-derived foods that may be sold and certified organic when they meet relevant standards.

French dispute returns to court

France’s organic farming regulator, INAO, told certification bodies that CBD-based products and CBD-enriched foods could not be certified organic. It also prohibited CBD as an ingredient in certified organic foods, while exempting hemp oil that is not enriched with CBD.

A hemp industry association challenged the restrictions before France’s Council of State, which referred the case to the EU court. The French court must now decide the dispute in line with the EU court’s interpretation.