A European Commission ban on the use of aloe vera preparations used in food has been annulled by the EU General Court following a lengthy legal battle.
A ban was enforced in March 2021, with legal firms pursuing an overturn from May in the same year.
The ban covered botanical species containing hydroxyanthracene derivatives (HADs), which included aloe extracts, a decision that had a huge impact on the nutrition and nutricosmetic industries.
Aloe ban overturned by EU General Court
The European commission had “overstepped the mark” in prohibiting preparations instead of individual substances, critics from the food sector blasted.
Moreover, the ban was based on an EFSA scientific assessment, from which the EU General Court failed to identify evidence of consumer risk.
A case lodged in May by legal firm Covington & Burling set a precedent and resulted in the overturn.
“The Commission has no power to ban botanical ‘preparations’ under this regulation and the court agreed that the Commission had overstepped the mark,” said Covington & Burling partners Brian Kelly and Bart Van Vooren.
Why was aloe banned in 2021?
“As the court said, there was nothing in the EFSA 2017 scientific opinion on or from any material in the case file that indicated the substances and preparations in question actually represented a potential risk to consumers.
“The case will have wider significance for how the Commission undertakes the risk management decisions and EFSA’s hazard versus risk approach to risk assessments.”
The original ruling, based on the 2017 scientific opinion, 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.”
It concluded aloe-emodin, emodin, danthron and aloe preparations containing hydroxyanthracene derivatives should be included in Annex III, Part A of Regulation (EC) No 1925/2006.
