Kanavape: Sébastien and Antonin comment on the Advocate General's conclusions

The Advocate General of the Court of Justice of the European Union (CJEU) has finally delivered its conclusions in a priority question (QP) raised in the Kanavape case: by restricting the use of hemp, France is in breach of European law.

As we review since the beginning of this trial, and even had the privilege to test Kanavape, This trial boils down to the story of two pioneering entrepreneurs in France. It's not yet time to celebrate, however, as the CJEU has yet to deliver its verdict, and the Aix Court of Appeal has yet to hand down its judgment.

Optimism but pragmatism

The two founders approach these initial conclusions with a certain optimism tinged with pragmatism.

For Sébastien Béguerie, this decision is «a major step forward for the dynamic CBD industry in Europe, and particularly in France, which has unfortunately already fallen far too far behind its European counterparts. This positive opinion could be the start of European recognition of all uses of hemp, old and new/without exception».

Antonin Cohen comments at greater length. «When we launched our product in 2014, CBD was unknown. Our aim has always been to market a useful and legal product, and we had carried out a legal analysis to validate the compliance of CBD in our product. The length of this procedure - over 5 years - and the referral to the CJEU demonstrate a lack of clarity in current regulations, and the need to bring a real framework for the production and marketing of CBD-based products in France and Europe. From a personal point of view, this opinion is a real relief. It's been very difficult to fight these legal challenges for so long, but I've pursued it because it's urgent to create clear regulations that protect consumer health, and support the competitiveness of French and European companies in a very fast-growing global industry.»

5 years of proceedings for...

Initiated in 2015 following the marketing of a CBD e-cigarette, a product widely sold in tobacconists and specialist shops since then, the Kanavape trial has finally led to a challenge to French hemp law, which is unnecessarily restrictive in breach of European law. Ingrid Metton, who represented Sébastien Béguerie before the Court of Appeal, and who is now represented by Xavier Pizarro at the CJEU, remains «awaiting the final decision of the CJEU, but this opinion reinforces our view that the French government and legislature are on the wrong track in their interpretation of the legislation applicable to CBD».

The CJEU's decision is not expected before September 2020.