The European Union, like most jurisdictions, has rules for organic food products and labeling. EU rules cover all stages of production, preparation, and distribution, including but not limited to:
- Separating processed organic products ‘in time and space’ from non-organic ones
- A minimum organic content of 95% of organic agricultural ingredients
- Limits on the types of substances that can be added to food
In theory, if brands can meet the EU standards for organic foods, they can use the organic foods logo. However, according to the Court of Justice of the European Union, that theory does not extend to CBD-infused foods.
“In France, the National Institute for Origin and Quality (INAO) has informed organic certification bodies that neither products based on natural cannabidiol (CBD) – with the exception of hemp oil not enriched with CBD – nor food products enriched with CBD are eligible for organic certification. The INAO also specified that CBD could not be included in the composition of certified organic food products.” the Court stated in a news release this week.
“The Syndicat professionnel du chanvre (Professional Hemp Trade Association) challenged this position before the French Council of State. That court referred the matter to the Court of Justice to determine whether CBD could be certified as organic. CBD, which is extracted from the hemp plant, an agricultural product, is capable of falling within the category of ‘processed agricultural products for use as food’ within the meaning of the regulation on organic production. However,
although the European Commission regarded CBD as a ‘novel food’ within the meaning of the regulation on novel foods, it did not authorise CBD to be placed on the EU market as a food.” the Court continued.
The Court determined that ‘processed agricultural products for use as food’ encompasses products intended for human consumption, including novel foods. However, the Court also determined that organic certification cannot be considered independently of the rules governing marketing because organic certification promotes food products.
“Certifying a product which has not been authorised to be placed on the market could hinder the protection of human health and consumer interests. The authorisation of a novel food implies, in particular, that it does not pose any safety risk to human health in the light of the available scientific evidence, that its intended use does not mislead the consumer and that, where it replaces another food, its consumption is not nutritionally disadvantageous.” the Court wrote. “Allowing such products to be certified could damage the reputation of organic certification and undermine consumer confidence in certified products.”
CBD edibles are widely available throughout Europe and very popular with patients and consumers. According to analysts at Fortune Business Insights, the global CBD gummies market size alone was “valued at USD 6.33 billion in 2025” and is projected to grow to “USD 8.32 billion in 2026.” The analysts estimate that “Europe accounts for approximately 28% of the global CBD gummies market share.”
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