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EU Court: CBD cannot be certified organic without novel food authorisation, even for export

In Case C-495/25 the Court of Justice held on 5 November 2026 that CBD cannot be certified as an organic product while its sale as a food is unauthorised in the EU, including where it is made only for export. The ruling backs France's INAO and binds courts across the Union, but the Conseil d'État has still to decide the underlying case.

By Neil Cartwright · · 3 min read

The Court of Justice has held that CBD cannot be certified as an organic product while its marketing as a food is not authorised in the EU. The judgment, reported in the Court's press release No 159/26 of 5 November 2026, answers a reference from the French Conseil d'État. The release is an unofficial media summary; the full judgment is on the CURIA site.

What the Court decided

France's INAO had told organic certifiers that natural CBD products, other than hemp oil not enriched with CBD, and CBD-enriched foods cannot be certified organic. The Syndicat professionnel du chanvre challenged that before the Conseil d'État, which asked Luxembourg whether CBD could count under Regulation (EU) 2018/848 on organic production. The Commission treats CBD as a novel food under Regulation (EU) 2015/2283 but has not authorised it.

  • Category: the Court said "processed agricultural products for human consumption" covers novel foods, authorised or not.
  • Link to market rules: organic certification "cannot be separated" from the rules on marketing the product. It promotes the product and signals quality and approval to consumers.
  • Risk: certifying an unauthorised product could harm health and consumer interests. Authorisation means no health risk on the available science, no misleading use, and no nutritional disadvantage where the food replaces another.
  • Export: the same reading applies to products meant for non-EU markets, because that trade could damage the certification's reputation.

Dates and what happens next

  • Effect: the release gives no transition period and no date. Its note says a preliminary ruling binds other national courts facing a similar question.
  • Conseil d'État: it must now decide the case in line with the ruling. No date is known.

What this means

Our analysis: the ruling turns on authorisation, and authorisation is not close.

Export-only lines lose their escape route

Producers of "bio" CBD foods for non-EU buyers cannot rely on the destination. The Court rejected that argument.

The condition is far from met

  • EFSA paused its CBD assessments on 7 June 2022, with 19 applications received.
  • Its updated statement (adopted 16 December 2025, published 9 February 2026) sets a provisional safe intake of 0.0275 mg/kg/day. Working: 0.0275 × 70 kg ≈ 2 mg a day for an adult.
  • That applies only to supplements of at least 98% purity, and EFSA says it is not an authorisation. No Commission authorisation date is known.

France: the ruling lands on a tightening position

  • The Ministry of Agriculture said on 20 May 2026 that CBD foods are not authorised and their safety is not shown.
  • On 10 July 2026 the Conseil d'État's interim judge refused to suspend the control plan for lack of urgency (n° 516668). A merits ruling is expected in autumn 2026, with no fixed date. That is a separate case from the INAO challenge.
  • Hemp seeds and derivatives, and leaves for infusions, with no cannabinoid extract added, fall outside the Ministry's position. INAO still allows certification of hemp oil not enriched with CBD.

Free movement does not rescue it

Kanavape (C-663/18) limits national bans on lawfully produced CBD but does not remove the novel food requirement. The organic ruling sits on top of it.

Outside the EU

The UK is not bound. Its Food Standards Agency is moving towards its first CBD authorisations, but ministers' decision was not confirmed as of October 2026.

What to do

  • Now: read the full judgment on CURIA for the operative part and any limits on scope.
  • Now: certifiers and operators can review "organic" labelling on CBD foods and supplements, including export-only lines.
  • Autumn 2026: watch for the Conseil d'État's merits rulings. Both are undated.
  • Ongoing: track EFSA and Commission action on CBD novel food applications.

Limits

  • The press release covers food only. Whether the ruling reaches cosmetics or feed using CBD is not stated.
  • No transition period for existing certificates has been published, and the number of certified products is not known.
  • We have not reviewed how certifiers in other member states treat organic CBD.

Sources

This is information, not legal, tax or financial advice.

Based on Judgment of the Court of Justice in Case C-495/25, Syndicat professionnel du chanvre (Press release No 159/26) (Court of Justice of the European Union, Communication Directorate, Press and Information Unit, 5 November 2026).

Information, not legal advice. Check the primary source before relying on it.

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