German court confirms CBD without ‘novel’ designation can’t be sold as food

(This is an abridged version of a story that appears at Hemp Industry Daily.)

The Gießen Administrative Court (VG Gießen) ruled that local authorities in Germany were right to not permit sales of CBD products that don’t have a “novel food” authorization.

The court’s ruling confirmed an earlier decision by another German court.

The European Union bestows the “novel food” designation to products that have not been significantly consumed before 1997.

The appeal was made by a business in Vogelsbergkreis, Germany, after authorities ordered the company to recall its CBD food products and to quit selling them.

Referring to guidelines of the German Federal Office of Consumer Protection and Food Safety, the VG Gießen concluded that CBD food products may not be sold without having obtained a novel food premarketing authorization or the required licenses to be sold as medicine under prescription.

The court’s decision isn’t final because there is a two-week period for an appeal.

More details about this situation are available here.