Yesterday, the AKA participated in a conference call with the State of Ohio Department of Agriculture regarding their current regulatory actions against kratom vendors in the State of Ohio. The position of the Ohio Department of Agriculture is that because kratom is not listed on the FDA’s Generally Recognized as Safe (GRAS) list, it cannot be marketed or sold as a food or dietary ingredient. They will not stop the sale of kratom, but no vendor can make any representation of its use as a food or dietary ingredient.
The AKA has asked legal counsel to provide an analysis of the federal law on dietary ingredients and foods, and how the Ohio statutes align with them. We will provide that analysis on an expedited basis and hopefully that will lead to a compromise on the current position of the Ohio Department of Agriculture. These officials assured the AKA they have not provided any instructions to their staff, who are visiting kratom vendors, to state that kratom is on the controlled substances list, or that it is an opioid.
The AKA will vigorously pursue this issue in the hope that kratom sales can resume and that its use as a food or dietary ingredient will not be the basis for any regulatory seizure or ban on sales.
In addition, AKA representatives and Dr. Jack Henningfield are meeting with the Ohio Board of Pharmacy next Monday on their proposed regulation to ban kratom in Ohio, and testifying before the Arizona Board of Pharmacy on Thursday, December 6.
We remain vigilant in protecting the rights of kratom users to have unfettered access to safe kratom products, and will fight to retain the freedom for Americans to make their own choices on the products they use to maintain their health and well-being.
American Kratom Association