Is Kava Legal in France After the 2026 Regulatory Updates?

Yes, kava is legal in France but strictly regulated under food safety and narcotic control frameworks. The French Agency for Food, Environmental and Occupational Health & Safety (ANSES) classifies kava as a novel food, requiring pre-market authorization under Regulation (EU) 2015/2283. Since 2021, ANSES has denied novel food applications for kava due to hepatotoxicity concerns, effectively banning its sale as a food supplement. However, traditional kava consumption in Polynesian cultural contexts remains unprosecuted, provided no commercial distribution occurs.


Key Regulations for Kava in France

  • Novel Food Status: Kava is prohibited as a food supplement under ANSES’s 2021 risk assessment, which cites insufficient safety data and potential liver damage risks.
  • Narcotic Control: While not classified as a narcotic, kava’s psychoactive properties subject it to scrutiny under France’s Public Health Code (Article L. 5132-6), enabling seizure if marketed for intoxication.
  • Cultural Exemption: Traditional use in overseas territories (e.g., French Polynesia) is tolerated under local customs, but imports for commercial sale trigger immediate enforcement by the Directorate-General for Competition, Consumer Affairs and Fraud Control (DGCCRF).

Recent 2026 draft amendments to the Code de la Santé Publique propose stricter controls on kava-containing products, aligning with EU-wide harmonization efforts under the European Chemicals Agency (ECHA). Importers and retailers face fines up to €300,000 for non-compliance, with mandatory lab testing for any kava-derived ingredients.