"No authorization, no organic certification for CBD products," rules the European Court of Justice

The Court of Justice of the European Union (CJEU) has ruled that food products containing cannabidiol (CBD) cannot be certified as organic until they are authorized for sale on the European market.

In a ruling issued on November 5, 2026, following an appeal by the Professional Hemp Association (Case C-495/25), the European Court of Justice clarified the conditions under which CBD-based products may qualify for organic certification, in light of the European regulations on novel foods.

The French hemp industry is challenging the restrictions on organic certification

The case originated in France, where the National Institute for Origin and Quality (INAO)—the authority responsible for overseeing organic certification—had instructed the certification bodies to to exclude CBD-based products from organic certification.

These restrictions applied to products containing natural CBD, food products enriched with CBD, and the use of CBD as an ingredient in certified organic food products. However, an exception was maintained for hemp oil that had not been enriched with CBD.

The Professional Hemp Association challenged the INAO’s position before the French Council of State. The French court then referred the dispute to the CJEU to determine whether CBD-based products could qualify for organic certification under European law.

CBD is considered an agricultural product, but that is not enough

The Court recognized that the CBD, extract from the hemp plant, may fall under the category of processed agricultural products intended for human consumption as defined in Regulation (EU) 2018/848. The judges explained that this category includes products intended for human consumption, regardless of whether they have received marketing authorization.

CBD-based food products are therefore not automatically excluded from the scope of organic farming legislation simply because they are classified as «novel foods.».

However, the Court drew a distinction between falling within the scope of organic production rules and actually being eligible for organic certification.

The European Commission considers CBD to be a novel food within the meaning of Regulation (EU) No. 2015/2283, and CBD has not been authorized for use in food products on the EU market.

Consequently, the Court concluded that food products containing CBD cannot obtain organic certification until the necessary marketing authorization has been granted.

Consumer protection is a priority

The role that organic certification plays in consumer perception was central to the Court’s reasoning. According to the judges, an organic label does more than simply describe agricultural production methods; it also conveys a positive impression of quality and regulatory approval.

Granting organic certification to a food product that has not been authorized for sale could therefore undermine consumer protection.

Under European legislation on novel foods, authorization requires an assessment demonstrating that the product poses no safety risk based on available scientific evidence, that it does not mislead consumers, and that it does not present any nutritional disadvantages when used as a substitute for another food.

The Court held that organic certification could not be applied independently of these requirements.

A ban that extends to products intended for export

The CJEU ruling This does not apply only to products sold within the European Union. It also applies to CBD-based food products manufactured in Europe and intended for export to third countries.

Even when they are intended exclusively for foreign markets, these products cannot obtain the European organic label without prior authorization to be placed on the market in the EU. In the judges’ view, granting organic certification to unauthorized products could undermine the credibility of the European organic label and erode consumer confidence.

For hemp producers and companies in the CBD sector, the message is clear: complying with organic farming standards is not enough to obtain the coveted certification. Food products containing CBD must first obtain European authorization under the regulations Novel Food.

However, the Court does not definitively rule out organic certification for CBD. It simply makes obtaining such certification contingent on prior marketing authorization.

The case is now returning to the French Council of State, which will have to rule on the original dispute, taking into account the interpretation provided by the European Court of Justice.