AKA

Kratom’s Evolving Legal Status

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Please note: The information provided in this post does not, and is not intended to, constitute legal advice; rather, all information and content referenced in this post are for general informational purposes only.  This post may not contain the most up-to-date legal or other information. We encourage you to do your own thorough research to verify information and to check your local laws and regulations if you have questions about kratom’s legality in your area.

Local, federal, and international laws pertaining to kratom are constantly evolving. Here in the United States, the Food and Drug Administration (FDA) has put forth a great deal of misinformation in an effort to ban the plant, while organizations like the American Kratom Association (AKA), along with consumers, scientists, and other advocates work hard to ensure safe and legal access to this important botanical.

Laws change regularly, but we’ve gathered the most recent information about kratom’s legal status so you can educate yourself and advocate for kratom.

Kratom in the U.S.: Is It Legal in My State?

As of 2019, six states have banned kratom by listing it as a controlled substance. Kratom cannot be consumed, sold, or grown in these states. A few localities – cities and counties – have also made kratom illegal. Because new laws are enacted each year, it’s helpful to use the AKA’s resources to keep track of kratom’s legal status in your state.

States with Kratom Bans:

Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin

Localities with Kratom Bans:

Jerseyville, Illinois; San Diego, California; Sarasota County, Florida; Union County, Mississippi; Denver, Colorado (not illegal, but “not for human consumption”)

States with the Kratom Consumer Protection Act (KCPA):

Arizona, Georgia, Nevada, Utah

States with Age Restrictions:

New Hampshire: 18 and older; Tennessee: 21 and older; all states with KCPA

The American Kratom Association is currently working in over a dozen states to further enact the KCPA. This legislation would ensure both consumer safety and the legality of the kratom industry in states where it passes. Phyto wholeheartedly supports these efforts and is proud to work with the AKA to keep kratom legal.

Kratom Around the World: Is It Legal in My Country?

It is sometimes difficult to figure out kratom’s legal status in other countries because laws change on a regular basis. We try to stay current on international law, but we do not ship kratom internationally because of uncertainty around its status in some areas.

It’s always a good idea to do your own research before traveling abroad; look into local laws where you’re going, or check Reddit for answers to your international kratom questions.

Africa:
It’s not easy to find information about kratom’s legal status in Africa. We have learned that it is legal in South Africa but not widely used or even known.

Americas:
Canada’s laws are similar to Denver’s (above), where kratom is “not for human consumption.” You may find kratom described as plant matter, incense, or other vague terms. Kratom is legal in North and Central Latin America, as well as in South America. It’s not illegal in these places, but it’s also not very popular or easy to find.

Asia:
Kratom is banned in Israel, Japan, Myanmar, Malaysia, Singapore, South Korea, and Vietnam. It is legal in Hong Kong, but information kratom in China is limited.

In Thailand, kratom had been illegal since 1943, but this has recently changed. This month, the Thai government removed both kratom and cannabis from the country’s list of controlled substances, stating that these botanicals did not meet the World Health Organization’s criteria for narcotics.

Indonesia, where much of the kratom in the west is grown, is currently considering a ban on kratom exports. The American Kratom Association is working to educate the Indonesian government in an effort to impact this potential ban.

Europe:
Kratom is illegal across the board in Denmark, Finland, Latvia, Lithuania, Poland, Romania, Russia and Sweden. Due to changing laws, you should check local legislation for information about Ireland, Italy, and United Kingdom.

Oceania: Australia & New Zealand
Kratom is completely banned in Australia. It is a Schedule 1 substance in New Zealand, so it’s basically illegal. In some localities it may be prescribed by a doctor.

How You Can Help

We’ve seen some exciting developments internationally, and we are eager to continue the kratom conversation on a world-wide scale. While there is some concern that Indonesia may implement a ban on kratom exports, there’s also great news in Thailand removing kratom from its list of banned substances.

Here in the US, we should always be ready to advocate for kratom, especially as legislative sessions get going in early 2020. AKA has a solid plan in place to keep kratom legal on both the state and federal levels, and we support their work as much as possible.

Visit the AKA’s website to learn more about how you can get involved with advocacy efforts for our favorite botanical!

Kratom Products Labels: What They Mean And Why They Matter

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Have you ever taken the time to read the product label on the last batch of kratom that you bought? Do you know what type of information you should see on that type of label? Or are you completely unsure about what it says on the package other than the company and product name?

If you’ve ever taken the time to look at a kratom label, the chances are pretty high that you haven’t found much information there. Due to a lack of regulation in the industry, there isn’t a lot of incentive for companies to include a lot of information.

Here at Phytoextractum, we find that to be incredibly frustrating. What is a consumer supposed to do if they can’t get any information from the label? Are people expected to know everything about a product before they buy it?

Let’s take a look at the complicated world of kratom product labels and what we hope to see happen in the future.

Creating a Brand

The first reason that we’re used to seeing labels on products is to let you know who made it. Brands are eager to put their names and logos on everything that they put into the world because they know that indirect marketing like this can bring them more business in the long run.

Consumers who have used their products before are more likely to recognize their name and logo if they saw it on the packaging, and that recognition can lead them to buy again. That’s why companies put so much time and money into choosing the right imagery, colors, and words for their logos.

Branding is incredibly important in all industries, and the kratom industry is no exception.

Generalized Label Expectations

At this time, not all states require specific information to be included on kratom labels. We believe that this doesn’t mean that general label expectations should not be followed. In fact, we think that the lack of regulation makes it even more important.

Usage

The first thing that needs to be included is some type of instructions about how to use the product. Any relevant information and suggestions from the manufacturer to the consumer can be included here so that the customer sees it.

Warnings

Other things that you can (and should) see on a label are warnings. If there are any cautions, warnings, or other precautionary information that would benefit the consumer to know, it is a company’s obligation to warn the customer about these things.

Many products have warnings that are regulated and must be put on every product, such as cigarettes. For unregulated products such as kratom, however, no such requirements exist.

Stats

Another important thing to include on the label is any specific information about what is in the product. Ingredients, nutritional information, serving size, and more are all examples of stats that you might find on a product label.

As kratom is not under FDA regulation, product labels should not include any type of nutritional information unless otherwise advised by a regulatory agency.

The Complicated Kratom Label Situation

If you know anything about kratom’s legal status, you know that the status is always at risk. While some states have legalized kratom and made moves to protect consumers from unregulated dangers, not every state is as open to the idea of legal kratom.

Because of this, there are no official regulations that kratom vendors need to follow when they sell their products. There are some things that vendors are not allowed to say per FDA rules, but that doesn’t mean they have to say other things instead.

Vendors can put whatever they want on the labels, and we don’t believe that is enough. Though official classification of kratom at levels is still underway, it is possible to label kratom properly.

AKA’s GMP Label Program

For own labeling purposes, we follow the labeling protocol that is outlined within the American Kratom Association’s GMP Standards Program. The AKA is working tirelessly to help protect kratom consumers in America, and we believe that this is a program fully worth supporting.

With the standards laid out through AKA’s research, we (and other kratom vendors) can be sure to protect our consumers to the best of our abilities.

AKA’s Label Requirements

To be part of the GMP program with AKA, you have to follow their guidelines. Many of the guidelines have to do with labels, as you can see in the program guidelines:

  • • The labels, labeling, or advertising of any kratom product should not bear any disease claims (i.e., claims regarding the treatment, cure, prevention, or mitigation of disease) or unauthorized health claims.
  • • The labels, labeling, or advertising of any kratom product should not bear any structure/function claims.
  • • The labels, labeling, or advertising of any kratom product should not reference any research or clinical data.
  • • Each finished product label must include a batch or lot number.
  • • Each finished product should be labeled to disclose the mitragynine and 7-OH alkaloid content of the product.
  • • Each finished product label must advise consumers to consult with a physician for dosing information relative to alkaloid values.
  • • No kratom products may be sold to individuals under the age of 18.
  • • The label should bear a statement that pregnant women should not use kratom products during pregnancy.
  • • All labels, labeling, or advertising should include the following statement: “This product is not intended to diagnose, treat, cure, or prevent any disease or condition.”

As you can see, those labeling requirements can be quite complicated, but that’s not a problem because AKA resources to help clarify things for vendors and consumers alike. The requirements don’t exist just to be complicated. They exist to ensure that vendors and consumers both are protected from the risks and dangers of the industry.

When you’re buying kratom online or in stores, take the time to look at the label on each product. Does the label give you good information? Do you feel like you have a good idea of the product by the time you read through it? If you answered yes to those questions, you should feel confident that you’re making a good choice.

AKA: The American Kratom Association And Why It Matters

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When you enter the world of Kratom, you’re entering a large and diverse community. There are people from all walks of life and all backgrounds that enjoy using Kratom, and that’s not going to change anytime soon!

Still, the position of Kratom in America is not yet solidified. While there are millions of people that use Kratom regularly, the misconception that Kratom is a dangerous substance still exists in many areas. That rumor has led to a number of media blitzes about the danger of the substance. How can these rumors be put to rest?

Like CBD which was once viewed as dangerous, Kratom needs a champion to lead the way to full legal protection. And that champion is going to be the American Kratom Association.

AKA: American Kratom Association

The American Kratom Association, also known as AKA, is an advocacy group that is working tirelessly to cement the legal and protected status of Kratom in America. From working on grassroots movements to working with state-level politicians to pass protection acts for Kratom users in each state, AKA is doing a lot of work to ensure that Kratom can be used in the USA.

The active leadership that AKA has committed to in the community is essential! They strive to make using Kratom a safe and legal activity in America, and they’ve done amazing work doing just that. Since their work began, they have revolutionized the way that the Kratom industry operates.

The Goals of AKA

According to AKA’s advocacy efforts sheet, their goal is to: “make natural kratom safe and to keep it available for millions of Americans who use it for health and wellness; manufacturers, wholesalers, and retailers whose livelihoods depend on a safe and robust market; and for scientific and research communities that are actively exploring its potential.”

Basically, the American Kratom Association wants to ensure that the government is going to continue to allow the sales of safe Kratom while simultaneously holding manufacturers accountable for the products that they are putting into consumer’s hands.

AKA’s Activities

How can the American Kratom Association make these things happen? The organization works with manufacturers, consumers, media, and government politicians to help ensure that the Kratom industry becomes a fair and safe place for consumers and manufacturers alike.

Specifically, AKA works in these areas:

  • • Helps vendor members learn to promote safety properly
  • • Engages with the US government to protect the safety and availability of Kratom
  • • Keeps an eye on all FDA, NIDA, and DEA policies that might incorrectly characterize the status and nature of Kratom
  • • Engages with the media and scientific community to promote accurate and thorough research about Kratom
  • • Shares all gained knowledge with the public
  • • Sponsors the Good Manufacturing Practices Standards Program to help vendors only sell high-quality and well-tested products to Kratom consumers in America
  • • Connects with the FDA about the need to set up a regulatory system for Kratom

As you can see from the list, the American Kratom Association is very active! Not only does their list of desired actions look good on paper, but their list of positive outcome events does, too! AKA has successfully set up its GMP program and also helped a number of policies be passed in states around the country to solidify Kratom’s legal status.

More About The GMP Program

We feel that AKA’s Good Manufacturing Practices Standards Program is one of the most exciting things that they have achieved. While some organizations might not want to report their testing results or to keep up with high-quality testing requirements, we believe that it is important to keep our consumers’ safety in mind while we sell our products.

The GMP program by the American Kratom Association is a set of standards and guidelines for Kratom vendors and manufacturers to be sure that they follow. These expectations help to ensure that all Kratom sold to consumers is safe. 

The GMP program is a voluntary program, but all reputable vendors of Kratom should have no issue joining up with this program. We find that the honesty of a company willing to join and show their test results is a great thing for consumers who need to be able to see this kind of transparency.

Why We Need AKA

Some people might not see the need for an organization like the American Kratom Association. After all, isn’t it up to the FDA and the government to determine what is and what is not safe?

While we agree that government organizations should play a role in deciding what is and what is not safe to use, we know that Kratom has a solid background. Unfortunately, several biased studies and dishonest media reports have tarnished Kratom’s image. Mistakenly linked to the opioid crisis, Kratom is at risk.

But Kratom itself is not an opioid, nor does it carry any of the risks of opioids! Kratom does partially bind to receptors in the body, but it works in very different ways than opioids do and thus should not be linked to the crisis.

Unfortunately, there are some organizations determined to continue to blame Kratom for things that are not true when Kratom is used and made correctly. An organization like AKA, then, is needed to ensure that Kratom consumers will able to continue safely and legally using Kratom.

Vendors Need AKA, Too

We get very frustrated when we see vendors out there that are selling unreliable or mislabeled products to the customers. Without complete regulation in all areas, however, there is nothing stopping vendors from being dishonest in their sales tactics.

For that reason, we believe that AKA is beneficial to vendors like us as well. Honest vendors should have no problem subscribing to what AKA is trying to do, and we believe that you should only shop from vendors that are going to put your safety first.

As you shop around for your next Kratom purchase, find out if the vendors that you are buying from are part of the GMP program. If they are not, you may want to reconsider where you are going to buy from unless you have some other proof of their safety practices.

How The Kratom Consumer Protection Act Affects You

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As kratom vendors, we feel that it is our responsibility to help ensure that you, our customers, get the best product possible. We’ve seen a lot of vendors that lie, exaggerate, and act dishonestly about the products that they offer. And that’s the last thing that we want to do.

There is a lack of regulation and control in the world of kratom. Regulation is an important step to ensuring consumer safety. While many kratom vendors are compliant with Good Manufacturing Practices and always have their products tested before selling them, there are some companies that would rather make a quick buck than guarantee the safety of their customers. 

Here at Phytoextractum, we do our best to put time, energy, and money into compliance and into supporting organizations and projects that we believe will make kratom safer and more widely accepted. 

Recently, we’ve been thrilled to see a few states adopt the Kratom Consumer Protection Act (KCPA), and we hope to see these bills spread across the entire country.

What is the Kratom Consumer Protection Act, and why do we think that it is a wonderful thing for vendors and consumers alike? Let’s explore this issue together.

Why Protection Is Needed

At this time, there are not many official regulations about kratom, kratom packaging, kratom sales, kratom processing, or any other aspect of the industry.

Usually, the rules about a product like kratom would depend on what category it is, such as a dietary ingredient or a supplement. Unfortunately, there is not even an official ruling about how kratom will be managed, so vendors are in the position of to marketing and selling kratom without clear guidelines to follow.

Unfortunately for the consumer and the industry at large, that has at times allowed not-so-good kratom to slip through and cause a lot of misunderstanding about the plant itself. Kratom can be a safe product when harvested, processed, and used properly, but not every vendor is in a position to do that on their own.

Most problems seen in the media about kratom today were caused by contaminated kratom that could have been kept off the market if vendors were given better guidance about testing requirements. Without changes, it’s possible that contaminated and adulterated kratom will continue to cause problems for both consumers and vendors alike.

For that reason, we believe that explicit consumer protections are absolutely necessary.

Introducing The Kratom Consumer Protection Act

It’s time to meet the Kratom Consumer Protection Act.

This act is a set of guidelines that ensure consumers can safely and legally buy kratom in the form of consistent, reliable, and unadulterated products. The guidelines offer protections to kratom users while also giving guidance to vendors about the right ways to test, label, and market their products.

There is no reason that kratom vendors should be permitted to sell dangerous and contaminated products on the market, and these laws help to prevent that from happening.

Generally speaking, the guidelines of the act have included the following terms:

  • • Officially defines kratom
  • • Gives vendors and processors guidelines about how to label kratom with specific terminology and disclaimers
  • • Prevents the sale of adulterated or contaminated kratom products
  • • Establishes a penalty system for kratom vendors who break the rules
  • • Requires vendors to register themselves with state regulators
  • • Requires that each state set up testing standards and other procedures for kratom vendors and processors

When companies follow protocols such as these, kratom consumers can feel more safe and confident in their purchases. Additionally, the fear of kratom that has been caused by contaminated products will begin to disappear as the market is overtaken by safe and controlled products.

Who Created These Guidelines?

The Kratom Consumer Protection Act was conceptualized and put into motion by the AKA. AKA, the American Kratom Association, is an organization which advocates on behalf of kratom consumers and vendors. Their goal is to promote safe and legal kratom use. 

AKA is involved in many areas of Kratom advocacy. One of their most well-known initiatives is their compliance program, which tracks the testing progress of Kratom vendors. The program requires vendors to follow Good Manufacturing Practices, including lab testing policies to ensure their customers’ safety.

Here at Phytoextractum, we are fully in support of AKA’s work on the compliance program and the Kratom Consumer Protection Act! We are AKAA GMP Qualified, and we hope to help pass the KCPA here in Oregon.

States With Consumer Protection Laws About Kratom

Since the AKA first introduced the Kratom Consumer Protection Act at the beginning of this legislative session, it has been adopted in a number of states.

At this point, it’s important to understand that every state will need to pass this type of law individually because there is no federal law about kratom. Similar to cannabis, these laws will need to be passed on the state level until the federal government offers more guidance on regulating kratom.

Because of this, every state’s Kratom Consumer Protection Act may be slightly different. AKA has proposed the guidelines to many states in their original form, but state officials may alter them to fit the specific wants and need of their states and constituents.

At this time, these states have passed Kratom Consumer Protection Acts:

In Oregon, the bill has made it through the Senate Judiciary Committee and will be presented to the Joint Ways & Means Committee in the coming weeks for another vote before it reaches the chamber floor.

In addition to several states have passing the Kratom Consumer Protection Act so far, the federal government recently approved funding for more studies about kratom and its effects. We can only hope that the findings of these studies will help to pave the way for more open acceptance of kratom use for its many benefits.

The Future of Kratom Depends On The KCPA

Kratom is at a critical juncture in the United States. Due to some issues with misinformation and contaminated products, the FDA has been looking at kratom vendors and users with a critical eye. As huge proponents of the right to choose kratom, however, we know that that perception needs to change. 

In order to protect consumers and help change the mainstream opinion about kratom, laws like the Kratom Consumer Protection Act must be put into place. These regulations will help ensure that consumers are properly educated and protected while also keeping the industry alive for reputable vendors who care about compliance and their customers’ safety. 

In the end, these laws will be a win-win for everyone involved.

Response to FDA Statement on Heavy Metals

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April 5, 2019

Dear Valued Phytoextractum Customers,

We know many of you have seen the FDA’s most recent statement on kratom, regarding what they’re calling high levels of heavy metals found in kratom products. At Phyto, we hold the health and safety of our customers as our highest priority, and we take our responsibility to provide pure, safe products seriously. Because of this commitment to our customers, we are constantly working to stay current with Good Manufacturing Practices, and we recently underwent a third-party audit to validate our GMP compliance.

We’d like to address a few things in the FDA’s statement:

First, it’s troubling that we have never been contacted by the FDA about high levels of metals in our products. We are registered as a dry food facility with the FDA, which led us to believe that it was incumbent upon them to alert us to any concerns regarding the safety of our products.

Phytoextractum has no information regarding the samples the FDA used in their tests, including when or how the FDA acquired our products or when they tested the samples they obtained.

We can only assume that they were part of samples taken and tested as part of an FDA investigation of an unrelated food safety issue in March of 2018. FDA representatives were at our facility for several days, inspecting, taking samples, and meeting with our company. They never mentioned an issue with metals at that time.

If these samples are from that investigation, their product lots were pulled from the market over 12 months ago as part of the extensive recall we did in cooperation with the FDA. Further, it would indicate that the FDA was rehashing old information, not in an attempt to protect the public, but as a way to target and further stigmatize kratom. 

Additionally, the numbers the FDA is publicizing are misleading. While their recommendations for the presence of heavy metals use the ‘micrograms per kilogram’ format, their recently publicized metal levels are represented in the ‘nanograms per gram’ format.

The FDA is not changing the numbers, i.e. the analytical data, but they are changing how the numbers are presented and therefore interpreted in order to draw more attention to this issue than it actually warrants. If this were an actual threat to public health, we expect the FDA would have moved more quickly to alert vendors and consumers about specific affected products.

While Phyto has always prioritized customer safety, in the year since our product recall we have fine-tuned our policies and procedures to achieve compliance with Good Manufacturing Practices as defined by the FDA and to become an American Kratom Association GMP Qualified vendor. This includes comprehensive lab testing for identity, purity, and contaminants such as high levels of heavy metals for all products.

After learning of the FDA’s statement on heavy metals in kratom products, we consulted our testing laboratory. They reviewed our test results and provided the following information: “all metals analyzed in here are at less than limits concentrations assuming that daily [serving] is 10 g. For example, Lead result is 0.450 mg/Kg with the limit of 0.5 mg/Kg. So, it is a PASS result based on USP limits [see chart below].“

We never introduce products to the market that do not pass rigorous quality assurance tests and meet our own high standards. Our company keeps Certificates of Analysis on file for all products, we and are happy to share those with our customers at their request.

Please feel free to contact our customer support team with any questions you may have about our products or practices.

Georgia State Senate Unanimously Approves Kratom Bill

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Another legislatively victory for the kratom community! The Georgia State Senate has unanimously passed the Kratom Consumer Protection Act, following its approval in the Georgia House by an overwhelming 164-1 vote. The bill now goes to the Governor’s office, to be signed into law.

The Kratom Consumer Protection Act will keep consumers safe from adulterated or mislabeled kratom products. It will also ensure the future of kratom by demanding that responsible, compliant vendors step up to lead the industry. We applaud the work of the American Kratom Association, organizing and educating in Georgia. Of course, this progress would not be possible without the political will and engagement of kratom consumers like you.

Phytoextractum is a proud supporter of the American Kratom Association, and we hope our customers will be too! Their important work is funded by donations and volunteer work from vendors and consumers. Please support the AKA however you are able!

Georgia Update from the AKA:

Georgia State Senate Unanimously Approves Kratom Bill