South Africa Advances Legal Protections for Rooibos in Global Markets

Rooibos, a herbal infusion native to South Africa’s Western Cape, has seen rising popularity worldwide, with exports reaching 10,900 tonnes in 2025. Japan alone imported approximately 3,600 tonnes last year, accounting for about one-third of total exports.

Despite its growing international profile, the financial benefits of rooibos have increasingly flowed out of South Africa, raising concerns about equitable returns for the indigenous Khoi and San peoples who first cultivated the plant in the Cederberg region.

Rooibos belongs to the Fabaceae family and grows exclusively in the fynbos biome. Unlike traditional teas derived from Camellia sinensis, rooibos is classified as a tisane or herbal infusion, naturally caffeine-free and popular among South African consumers, comprising roughly one-third of the local market.

The first significant international legal challenge arose in 1994 when South African entrepreneur Annique Theron registered the “rooibos” trademark in the United States. Theron’s company, then known as Forever Young, had pioneered rooibos-based skincare products since 1971 and earned accolades including two gold medals from the World Intellectual Property Organization in 1997.

Upon Theron’s retirement in 2001, the trademark rights transferred to her American business partner, Virginia Burke, who controlled distribution of the rebranded Annique line. Burke’s subsequent enforcement actions, including cease-and-desist letters to small cafés and businesses using “rooibos” in marketing, sparked public outrage in South Africa and intensified efforts to protect the herb’s name internationally.

A landmark development occurred in 2019 when the South African government established the world’s first industry-wide benefit-sharing agreement with the Khoisan communities. This accord entitles the indigenous group to 1.5% of the annual value paid to rooibos growers, harvesters, fermenters, and driers, with the inaugural payment totaling R12 million. Funds are allocated to cultural heritage preservation, education, and community development.

Further progress was achieved in 2021 when rooibos became the first African food product to receive Protected Designation of Origin (PDO) status from the European Union, joining prestigious products like Kalamata olives, champagne, and Roquefort cheese. This recognition safeguards rooibos in European markets but does not extend globally.

Emerging markets such as Indonesia, Sri Lanka, and China are exhibiting growing demand for rooibos. Notably, China reduced tariffs on rooibos imports from 15–30% to 6% in 2024, and as of May, imports have become tariff-free, according to the South African Rooibos Council (SARC).

SARC director Dawie de Villiers highlighted that tariff elimination will enhance rooibos’s competitiveness by lowering costs and improving access for South African producers in these expanding markets.

South Africa’s multifaceted approach—combining intellectual property enforcement, benefit-sharing frameworks, and international geographical indications—reflects a strategic commitment to protecting rooibos’s cultural origins and economic value amid rising global consumption.