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regulations

What We Say: How and Why Kratom Advertising Is Restricted

September 15, 2020 by LCK

Kratom is classified as a food in many parts of the United States. This classification puts limitations on what we as kratom vendors can and cannot say about our products. The FDA limits what is permitted, and we must follow those guidelines if we want to be able to continue to market and sell our products legally.

How exactly do these restrictions come into play, and why aren’t we fighting against them?

Let’s talk about kratom, kratom labeling, and how advocacy organizations are working to improve the misinformation surrounding kratom.

What Can And Cannot Be Said

Ultimately, the FDA has made it clear that they are willing and able to send cease-and-desist letters to any kratom vendor that is publishing what they deem to be unsubstantiated claims.

Even in the articles that we publish, we have to be careful about our language and how we talk about kratom.

In the past, companies selling kratom have made huge claims about what kratom can do, and the FDA pushed back against these. But it wasn’t only bold claims that the FDA warned about; simple, seemingly common knowledge statements have also attracted their attention. 

Risky Statements

What type of statements do we have to be careful about when using on our site? There are many, and it is also difficult for us to follow these limitations. We want to be as open, clear, and helpful as possible for our customers, but FDA rules make this difficult at times.

These are just a few examples of statements that have got kratom vendors into trouble with the FDA in the past:

  • Claiming that people use kratom as an alternative to some medications.
  • Claiming that people prefer kratom over their other medication options.
  • Claiming that people use kratom to help them stop using other things.
  • Claiming that kratom has specific benefits.

We know that these examples are vague, and that is intentional as not to catch ourselves in this trap. As you can see from the breadth of those examples, however, it becomes difficult for honest vendors like ourselves to share any information or evidence with our customers without risking trouble.

What Are Unsubstantiated Claims?

Let’s talk a little more specifically about what the FDA considers “unsubstantiated claims,” which is the most common reason they send out warning letters. We’ve given a few vague examples above, but let’s look at direct news from the FDA to see how they frame their approach.

Specifically, a press report from the FDA states the following:

  • Vendors are selling kratom “with deceptive medical claims for which there’s no reliable scientific proof to support their use.”
  • Vendors “ take advantage of consumers by selling products with unsubstantiated claims that they can treat opioid addiction.”

If the FDA is truly against products that are not backed by science and willing to support kratom research, that would be an understandable position. However, the statement goes on to say that Kratom is an “opioid analog that may actually contribute to the opioid epidemic,” which may be an unsubstantiated claim by the FDA’s own rules.

Additionally, the FDA report states that the FDA is willing to look into how kratom may or may not relieve pain or opioid addiction symptoms if people believe that kratom’s active ingredients show that potential. However, the AKA states that FDA has refused to support that type of research for years.

Simultaneously, the National Institute on Drug Abuse has refused to support scheduling kratom as a drug because NIDA’s own research has not borne out that claim according to NIDA’s standards.

As you can see, it is a very confusing field for kratom vendors like ourselves to navigate. Our goal is always to provide safe, high-quality products to our customers. We want to support those products with information, but it isn’t always an easy thing to do.

The Standards We Follow

How do we handle the labeling and advertising of our products when faced with limitations and concerns about what we can and cannot say?

As members of the American Kratom Association’s GMP Compliance Program, we ensure that our labeling fits these things’ standards. AKA is up-to-date with the FDA’s latest requirements, and they are also at the forefront of helping to implement Kratom Consumer Protection Acts in states across the country.

In short, they know what they’re talking about when it comes to labeling, advertising, and more.

As of June 2020, the compliance program has laid out the following guidelines for vendors and marketing:

  • Labels may not include:
    • Any disease-related or unauthorized health claims
    • Any reference to a “high”
    • Any reference to clinical or research data
  • Labels must:
    • Be fully compliant with FDA claim rules
    • Include a batch or lot number
    • Affirm that mitragynine and 7-OH alkaloids haven’t been altered from their original allocation
    • Advise consumers to talk to a physician about dosing
    • Include a statement that pregnant women should not use kratom
    • Include this exact statement:  “This product is not intended to diagnose, treat, cure, or prevent any disease or condition.”

These same rules apply to the descriptions, websites, and advertisements used when marketing kratom products.

New: The Truth in Labeling Program

Recently, the American Kratom Association has started a reporting program known as the Truth in Labeling Program.

Due to the rise in vendors directly going against the guidelines expected by the FDA, the American Kratom Association and other advocates have seen a need for a program to keep track of and improve improper labeling practices.

Through this program, the AKA hopes to educate vendors that are putting the industry at risk through dishonest practices. If the vendors refuse to change their ways, the industry will start to self-regulate by reporting offenders to the FDA. To read more about how or why the Truth in Labeling Program is meant to work, you can check out AKA’s statement.

Filed Under: Resources Tagged With: accuracy, advocacy, cGMP, compliance, featured, GMP, kratom, lableling, marketing, mitragyna speciosa, regulation, regulations

Urgent: Thailand Removes Kratom From Narcotics List

February 12, 2020 by LCK

News update: Thailand should be removing kratom and cannabis from their narcotics list!

Kratom has been a Schedule V narcotic on Thailand’s narcotics list for 76 years despite it being a substance used traditionally in parts of Thai culture. Additionally, the laws surrounding kratom usage, possession, and sale in Thailand are incredibly strict. Southeast Asia, in general, is known for having some of the strictest punishments for illegal drug use and possession.

The changes regarding kratom and cannabis in Thailand aren’t going to happen immediately. Here’s what is going to happen and when it is likely for those new laws to go into effect.

Kratom Removal From Narcotics List

The most important thing in regards to kratom that is happening in Thailand is the removal of kratom from the narcotics list. Kratom was added to this list more than 76 years ago, but that’s is going to be changing soon.

In December 2019, the Justice Minister in Thailand, Somsak Tapsutin, announced that the ministry no longer considers kratom as a narcotic. He has issued a memorandum stating as much alongside the country’s Health Minister.

When making this decision, the ministry cross-referenced with the guidelines laid out by the World Health Organization. These guidelines require that the substance is reasonably addictive, dangerous, and harmful to society to be made illegal.

The Justice Minister shared the ministry’s position that kratom is not addictive or harmful enough to be classified as a narcotic, so they are beginning the process to change their stance. 

The minister even mentioned that kratom is known to have some positive effects. The ministry is interested in those effects being explored with research. Plus, kratom could be provided to the public for medical use as needed.

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Saving More, Making More

This change in laws in Thailand is a sign of changing times. Kratom has been banned for at least 76 years there, and the initial ban caused a huge career train and strained some Thai farmers.

Now, Thai farmers have reason to believe that they might be able to move into a new, old industry: kratom. There’s a sense of optimism about the potential economic boost that opening up the kratom market, even just a little bit, in Thailand might do.

Farmers in countries like Indonesia, where kratom farming and exportation is being phased out, are struggling to figure out what crop they will move on to when the industry completely closes down. That change is going to cause a huge economic problem in an inverse manner to the potential growth of the industry in Thailand.

Justice Minister Somsak Thepsutin has estimated that the government spends about 20,000 baht, almost $700, per case on up to 50,000 kratom cases each year. By lowering the restriction levels and the amount of money that must be spent on each kratom-related case, the government will be able to save a lot of money.

How Will The FDA Respond?

In the past, the FDA has regularly used Thailand’s classification of kratom as narcotic as an example of why kratom should be restricted or banned in the USA. Now that leaders in Thailand are issuing memorandums and changing the status of kratom. What will the FDA say now?

This is something that many people are interested in finding out. In particular, the American Kratom Association leaders, who have been waiting for years to have a sit down meeting with the FDA about kratom, find this news a huge push in the right direction.

Kratom does not grow naturally in America. Organizations often look to countries where it does grow wild to determine how a substance should be used. Thailand could be considered a leader in how to handle kratom laws. Only time will tell if this news affects the FDA’s stance at all.

Narcotics Control Committee Updates

Another organization that will be changing in Thailand is the Narcotics Control Committee. This organization deals with the classification of narcotic substances, control of narcotics laws, and other aspects of narcotics problems in Thailand.

For the past few years, people and other governmental organizations in Thailand have raised some criticisms of the committee and how it is set up.

Recently, the National Legislative Assembly in Thailand voted to change the way that the organization is run and how many members are on the committee.

Paving The Way For Medical Legalization & Research

The legalization of medical marijuana was voted on at the same National Legislative Assembly meeting, and it passed with a full assembly vote for yes. It will take a few months for this change to go into effect. Still, the legalization and regulation of cannabis as a medical substance is going to pave the way for kratom to be used in a similar way.

As the Justice Minister has set up both cannabis and kratom for legalization, the National Assembly will need to vote on kratom next. This vote is expected to happen sometime in March according to the minister, but no official date has been set yet.

If it does pass the NLA vote, it is possible that the respective laws in Thailand will be changed as soon as June.

Why This Matters To You

Though you are using kratom in a country far away from Thailand, it is still possible that this change will end up affecting the products that you are using.

Nothing has been officially decided yet, but Thailand could begin allowing kratom farming and exportation if they want to get into the international kratom market. That would change the supply chain and ultimately would change what kinds of products you can purchase.

Additionally, Thailand is setting up the country for more research into kratom because scientists will be able to study wild-occurring plants with more freedom. This research is incredibly important and plays a large role in the future legality of kratom.

Without this research, it will be hard to convince some states and organizations about the safety of kratom. Research has already been done about kratom, but a huge amount is needed to fully show what kratom is, what it can do, and what it can treat with more specificity than is currently available. 

Filed Under: Resources Tagged With: botanicals, featured, kratom, legalization, mitragyna speciosa, narcotics, natural, regulations, research, southeast asia, thailand

Kratom Status: Is Kratom Legal in My State?

January 15, 2020 by LCK

A note to our customers: This post is not legal advice. All information and content contained here are for general informational and entertainment purposes only. Information is accurate to the best of our knowledge, but it may not reflect the most up-to-date legal or other information. We suggest that you always do your own research to ensure the validity of information on our blog.


Here in the United States, kratom is sold as a tea product or a dietary ingredient that many people enjoy and find to be beneficial for their lifestyle. There are dozens of kratom vendors and a large community of consumers who feel their lives have changed for the better thanks to kratom.

Unfortunately, these things don’t necessarily mean that kratom is protected by laws and regulations across the country. Due to bad publicity, adulterated products from irresponsible vendors, and misinformation campaigns that have gained traction over the past few years, some counties and states have made moves to ban kratom. 

As avid supporters of safe, lab tested products and responsible kratom consumption, we don’t want to see this happen. Many consumers worry about whether or not they are allowed to try kratom where they live, and the legal status of kratom is often changing in many areas.

Today, we’ll help you learn how to find out if kratom is legal where you live as well as other important legal information that consumers should be aware of. You’ll also learn what you can do to ensure that this botanical stays legal in the US.

Federal Laws

At this time, there are no federal laws or regulations in place about kratom and its use in the US. Kratom vendors sell kratom to their customers as a dietary ingredient and must make it clear that the FDA has not reviewed the product or any claims made about it.

Despite the fact that there are no laws currently in place on the federal level, the FDA and other organizations have put a lot of pressure on law-making bodies to ban kratom. The FDA’s arguments have been widely debunked; in reality, this conversation is dominated by misinformation and a lack of current research about kratom.

For now, kratom is safe from further legal restrictions on a national scale, but there are also no federal regulations in place to help protect consumers or vendors.

State Laws

Like many issues, kratom needs to be regulated on the local and state. Currently, marijuana and CBD regulations are handled on a state-by-state basis, and we expect that any kratom-related rules will initially be done in the same way.

The American Kratom Association is the leading advocacy group for kratom regulations and protections at this time. This nonprofit organization has done wonders to ensure the safety of kratom users across America, and their work continues to be impressive.

Your State’s Rules

Kratom is legal in most states across the continental United States. However, Kratom is currently banned in the following six states:

  • Alabama
  • Arkansas
  • Indiana
  • Rhode Island
  • Vermont
  • Wisconsin

In more positive news, several states have now adopted the Kratom Consumer Protection Act, legislation that both protects consumers from adulterated and misbranded products and protects kratom from being banned. This bill passed in 2019 in Arizona, Georgia, Nevada, and Utah. The AKA is working hard with vendors across the country to introduce the KCPA in many more states, including here in Oregon where we’re located.

The Kratom Consumer Protection Act mandates that kratom vendors comply with Good Manufacturing Practices including testing their products with an accredited lab. With reasonable regulations in place to keep consumers safe, legitimate and responsible kratom vendors will be able to continue to market their products, and consumers will have the peace of mind of knowing that their kratom is safe.

To find out what the status or ongoing bills about kratom in your state look like, you can check out AKA’s interactive map. This map gives detailed information about the state’s rules, and you can follow through on the page to read more details about the status.

What You Can Do

As you can see from the map on AKA’s website, kratom’s legal status is very different depending on where you live. While AKA would love to meet with the FDA to discuss the future of kratom in this country, the FDA has ignored their meeting request for more than 400 days.

It might seem overwhelming, but there are a number of things that you can do to improve the outlook for kratom in the United States. None of these things will put you at risk, and they are all quite easy!

Buy From Qualified Vendors

One of the most important things that you can do is to only buy your kratom from qualified vendors that care about safety. To find these vendors, we recommend looking into the Good Manufacturing Practices Compliance Program run by the AKA. In response to the lack of clear guidelines around kratom, these companies have decided to comply with Good Manufacturing Practices in order to keep their customers safe and satisfied.

The AKA’s GMP Program is that vendors can apply to join. The program outlines good practices that all kratom vendors should follow to ensure that the products they sell are as safe as possible for the consumer. To remain part of the program, they must have an annual 3r-party audit.

By buying from qualified vendors, you are supporting safe and high-quality kratom in the US.

Join Local Advocacy Groups

If you are living in a state that is considering a kratom ban, or the Kratom Consumer Protection Act, it would be worthwhile to get involved at the local level. Using the information available on the AKA website or from your local kratom shop, find out what you can do to prevent a ban from happening, or support reasonable regulations to keep yourself safe!

In many cases, this may be as simple as sending a letter to your local senator or making a short phone call. These actions are very small, but they can make a big difference in the long run!

Remember: Many People Use Kratom

Despite the complications in kratom’s legal status, it is important to remember that kratom is gaining mainstream acceptance and credibility. Many states have even passed regulations that help to ensure that consumers are able to purchase safe kratom without fear of legal action.

Many people use kratom. There isn’t a specific profile that can be used to describe who uses kratom or why. The simple fact is that there are many Americans that find that taking a serving of kratom helps them get through their day-to-day activities, and that is the important part.

AKA, the American Kratom Association, estimates that there are more than 15 million kratom consumers in the United States. That number is constantly growing, so there is no reason to feel like you are alone in your position.

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Filed Under: Resources Tagged With: 7-hydroxymitragynine, advocacy, advocates, AKA, american kratom association, featured, grassroots, kratom, Kratom Consumer Protection Act, laws, legal, mitragyna speciosa, mitragynine, regulations

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