The bill addresses all topics relating to the growing kratom industry, such as: cultivation, manufacture, distribution, medical benefits, sale, possession, use, age limits, testing, labeling, fines and penalties. Overall, the main purpose of the Kratom Consumer Protection Act is to protect customers from shady companies, and ensure that kratom producers and vendors are only supplying safe, high-quality products that are free of pesticides, heavy metals, fungus, and other contaminants. 

As of now, kratom is expressly banned in the following states: Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin. Certain cities also prohibit the sale, possession and use of kratom: Oceanside, CA, San Diego, CA, Sarasota, FL, Jerseyville, IL, and Union County, MS. 

In a change of pace, the industry requests help from the government  

Because the industry is so unregulated, and downright confusing, business owners are facing an onslaught of import alerts, warning letters, and product seizures. All this legal action has those in the kratom industry who are trying to remain honest, crying out for help in the form of government regulation.  

In the most recent news, this summer, a jury awarded the family of Florida woman $11 million in a wrongful death suit. According to court documents, the woman died from “acute mitragynine intoxication,” which is one of the primary compounds found in kratom. The 39-year-old woman, who had been using kratom for pain management, collapsed and died while cooking breakfast one morning in June 2021. It was determined that the kratom she was using, from Grow LLC, was the cause, although I couldn’t find anywhere if it was related to mislabeling, improper dosing, tainted product, or user error. 

Regardless, the case emphasized to the public that kratom can be dangerous, and that it “produces classic opioid-like effects at high concentrations, such as sedation, nausea, vomiting, addiction, and difficulty breathing, which may be fatal.” 

Stories like this have consumers rightfully skeptical, so in response, the American Kratom Association issued a statement requesting the following:  

1. Urges the FDA to immediately publish product manufacturing standards for kratom products that are sold to consumers and encourage the removal of kratom products that do not contain adequate labeling with recommended serving sizes, product ingredients, and appropriate warnings on conditions of use.  
2. Until the FDA implements a set of standards to protect consumers, the AKA advises kratom consumers not to purchase or consume kratom products that:  
   • Have not been certified by an independent third-party lab to be free of dangerous contaminants or contain adulterants that could be dangerous to consume.  
   • Are offered for sale from a vendor that markets its product with illegal therapeutic claims.  
   • Do not contain the name of the product distributor so that a consumer can file an adverse event report if required.  
   • Are delivered in unprofessional packaging, such as zip-close bags, or that have handwritten product information.

“Recent reports of product liability awards for irresponsibly manufactured or marketed kratom products are the direct result of the FDA’s failure to regulate the kratom marketplace and, in some cases, the exploitive behavior of trial attorneys who do nothing to compel the FDA to act responsibly,” said Mac Haddow, the AKA’s Senior Fellow on Public Policy.

“The AKA supports congressional action to compel the FDA to develop and implement a set of standards for the manufacturing and marketing of kratom products to protect consumers in the United States,” he added.  

Final thoughts on kratom regulation

Kratom regulation is a confusing topic. It’s similar to the early days of CBD when the government was issuing warning letters to companies who claimed cannabidiol can be used to treat various health conditions. If the government steps in, it’s possible that kratom will become less accessible to consumers, but hopefully it means that the products they do find are safer and more effective.

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