The EU General Court has annulled a European Commission ban on aloe vera preparations utilized in food, marking a significant victory in a drawn-out legal conflict.
This ban, which was enforced in March 2021, faced opposition from legal firms starting in May of that same year. The prohibition specifically targeted botanical species containing hydroxyanthracene derivatives (HADs), impacting vital sectors like nutrition and nutricosmetics.
Aloe Ban Overturned by EU General Court
Critics from the food sector argued that the European Commission had “overstepped the mark” by banning preparations rather than evaluating individual substances. Additionally, the EU General Court found that the ban lacked evidence of consumer risk from the EFSA scientific assessment.
A pivotal case filed in May by Covington & Burling set a crucial precedent, ultimately leading to the overturn of the ban.
“The Commission has no power to ban botanical ‘preparations’ under this regulation, and the court agreed that the Commission had overstepped the mark,” stated Covington & Burling partner Brian Kelly.
Why Was Aloe Banned in 2021?
The court emphasized that there was no indication from the EFSA 2017 scientific opinion or associated documentation suggesting that the substances and preparations posed potential risks to consumers.
This ruling is positioned to have broader implications for the Commission’s risk management strategies and the EFSA’s approach to hazard versus risk in assessments.
The initial decision, informed by the 2017 scientific opinion, outlined concerns over the severe health effects linked to aloe-emodin, emodin, danthron, and extracts containing hydroxyanthracene derivatives. It stated: “Considering the severe harmful effects on health associated with the use of aloe-emodin, emodin, danthron and aloe extracts containing hydroxyanthracene derivatives in food, and that no daily intake of hydroxyanthracene derivatives that does not give rise to concerns for human health could be set, such substances should be prohibited.”
This concluded with the recommendation to include aloe-emodin, emodin, danthron, and preparations containing hydroxyanthracene derivatives in Annex III, Part A of Regulation (EC) No 1925/2006.
