Published 7 October 2026
On September 4th, the Netherlands notified the EU of a draft decree amending the Decree on Herbal Preparations (Warenwetbesluit kruidenpreparaten) and the Decree on Food Supplements (Warenwetbesluit voedingssupplementen). This decree bans, allows under conditions, or requires mandatory label warnings for substances, plants, and fungi.[1]
The changes
The Herbal Preparations Decree stays almost entirely as it is.[2] The existing annex is replaced by three new ones: prohibited substances, plants and fungi (Annex I), conditions of use (Annex II) and mandatory label statements (Annex III). The substance rules now also cover food supplements.
Annex I
- 6 plants are newly prohibited: Argyreia nervosa, Banisteriopsis caapi, Huperzia serrata, Tabernanthe iboga, Withania somnifera (all parts except the root) and oil from Artemisia absinthium.
- 17 substances are added to the banned list: DMAA, DMBA, DMHA, FEA, halostachine, harmine, harmaline, higenamine, hordenine, huperzine A, (nor)ibogaine, icariin, isopropyloctopamine, LAA, iso-LAA, methylsynephrine and THH.
Annex II
Two new maximum limits:
- P-synephrine keeps its 27 mg per day, now for both herbal preparations and food supplements;
- Black cohosh (Cimicifuga racemosa, rhizome) is new, with a maximum of 40 mg per day.
Annex III
This annex introduces mandatory label statements for twelve plants:
- Garlic, green tea, turmeric, ginkgo, American ginseng, red sage (danshen), milk thistle and valerian must carry a warning about interactions with medicines;
- Black cohosh, St John’s wort, Mucuna pruriens and ashwagandha root require warnings on pregnancy, breastfeeding and liver effects, with additional wording on children under 18 for some of them.
- St John’s wort also requires warnings on UV exposure and the contraceptive pill.
- The eight plants marked with an asterisk are exempt when sold as herbal teas as defined in the EMA guideline.
Food supplements
A new Article 4a in the Food Supplements Decree bans the same 26 substances and applies the 27 mg limit for p-synephrine. The supplements decree lists no plants. Botanical ingredients remain governed by the Herbal Preparations Decree, where the bans apply to the plant or fungus itself and to any material originating in whole or in part from it, unless an exemption is stated (e.g., the ashwagandha root).
Transition period and comments
Products placed on the market before the decree enters into force, and compliant with the rules at that time, may stay on the market for 6 months after entry into force.
Interested parties can submit comments through the TRIS portal until the end of the standstill period, 7 December 2026.
References
- TRIS notification 2026/0486/NL: https://technical-regulation-information-system.ec.europa.eu/en/notification/28581
- Current Warenwetbesluit Kruidenpreparaten: https://wetten.overheid.nl/BWBR0012174/2022-07-01
You want to know more: contact joris.geelen@foodlawconsult.com
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