On 5 November 2026 the Court of Justice of the European Union delivered its judgment in Case C-495/25, Syndicat professionnel du chanvre v Institut national de l’origine et de la qualité (INAO). Press release No 159/26. The case concerned a preliminary reference from the French Council of State on whether cannabidiol (CBD) intended for human consumption could be certified organic, even though the European Commission had classified it as novel food within the meaning of Regulation (EU) 2015/2283 and had not authorised its placing on the market.
INAO informed organic certification bodies that products based on natural CBD (with the exception of hemp oil not enriched with CBD) and food products enriched with CBD are not eligible for organic certification. CBD could not be included in the composition of certified organic food products. The professional hemp association challenged this position. The Court held that CBD cannot obtain organic farming certification until it is authorised to be placed on the market.
What follows from the judgment and what does not
| Element | Position under the judgment of 5.11.2026 (C-495/25) | What does not follow |
|---|---|---|
| CBD status as novel food | The Commission classified CBD as novel food under Regulation 2015/2283. No authorisation for placing on the EU market as food. | No automatic authorisation. The judgment does not authorise CBD. |
| Category under Regulation 2018/848 | Processed agricultural products for use as food include products intended to be ingested or reasonably likely to be ingested, including novel foods whether or not authorised. | Does not mean every product in this category can be certified organic without meeting other conditions. |
| Certification and market placing | Organic certification cannot be separated from the rules on placing products on the market. It contributes to promotion and builds a positive image of quality and acceptance. | Does not alter the requirements of Regulation 2015/2283. Novel food authorisation requires assessment that the product does not pose a safety risk, does not mislead and is not nutritionally disadvantageous upon substitution. |
| Products for third countries | The same interpretation applies to products not authorised in the EU but destined for sale outside the Union. Certification could damage the reputation of the system and consumer trust. | Does not open a “export-only” certification path. |
An operator who obtains organic certification for a product containing unauthorised CBD solely on the basis of the scope of Regulation 2018/848 would contradict the logic confirmed by the Court. The distinction between eligibility for the category and eligibility for certification is decisive.
Glossary
- Regulation (EU) 2018/848
- Regulation of 30 May 2018 on organic production and labelling of organic products. Defines processed agricultural products for use as food.
- Regulation (EU) 2015/2283
- Novel foods regulation. CBD has been classified by the Commission as novel food. Placing on the market requires authorisation after safety assessment.
- INAO
- French Institut national de l’origine et de la qualité. The body that issued the position restricting organic certification of CBD products.
- Certification ≠ authorisation
- Organic certification promotes the product and builds an image of quality. It cannot be granted to a product that does not meet the basic conditions for placing on the EU market.
What to do with this judgment
- Record the case number C-495/25 and the date 5 November 2026. Compare with the current status of CBD in the Union list of novel foods (Regulation 2017/2470).
- Check whether your CBD product or CBD-enriched product has market authorisation under Regulation 2015/2283. Absence of authorisation blocks organic certification.
- Do not treat non-CBD-enriched hemp oil as subject to the same restriction in the INAO position. The judgment concerns CBD and enriched products.
- For export to third countries, do not assume that organic certification is available for a product unauthorised in the EU. The logic of the judgment covers such cases.
- Monitor any applications for novel food authorisation of specific forms of CBD. Until a Commission decision and listing, the current status applies.
Sources: CJEU press release No 159/26 of 5 November 2026, Request for a preliminary ruling C-495/25 (EUR-Lex), Regulation (EU) 2018/848, Regulation (EU) 2015/2283.