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Kratom Consumer Protection Act

Advocating For Kratom In Pandemic Times: How You Can Help

August 27, 2020 by Phyto

Phytoextractum has long prioritized the treatment of kratom on the political and social level in America. Using kratom legally and easily in America has been a problem for decades as the policies surrounding its use are constantly evolving. We feel it is important to continue to be involved in pro-kratom advocacy efforts to ensure that our customers can continue to safely access kratom.

However, many of the traditional routes for advocacy in America have been changing in recent months due to the ongoing COVID-19 pandemic. As the spread has affected how groups can meet with politicians and other important advocacy resources, the fight for kratom protections is forever changed.

What can you still do to ensure that kratom advocacy can continue with gusto despite the pandemic? Let’s find out together.

Goals of Kratom Advocacy in 2020

Though the world has changed a lot, the ultimate goals for kratom advocacy by large groups like the American Kratom Association continue to be the same today as they were before:

  • Pass KCPA laws in states where no kratom protections exist
  • Continue to enroll vendors in the GMP compliance program
  • Ensure vendors are testing their products properly
  • Set up more third-party independent testing
  • Educating consumers about how to buy kratom safely

COVID-19 & Advocacy

How exactly has the COVID-19 pandemic changed the way that kratom advocacy works in 2020?

Fewer Political Meetings and Legislative Sessions

The thing that has probably had the biggest effect on kratom advocacy is the simple fact that most politicians, legislators, and local leaders are not meeting as frequently with advocacy groups. This is due to the strict social distancing requirements needed to slow the pandemic spread, but it is causing a variety of side effects.

Earlier this year, AKA expected to move forward with KCPA proposals in more than 20 states, but many of those states have had to push back the review of such proposals until next year. While this is understandable, it presents a big roadblock for kratom advocacy.

Other Issues Take Priority

Once sessions do resume, it is to be expected that other issues such as health and budgets will take priority before any outside proposals, such as KCPA protections, are able to be brought up, discussed, and voted on. To keep these proposals relevant, advocacy groups like AKA are going to have to work overtime to ensure that they do not get passed over in the confusion that is 2020.

Misinformation

Another problem at this time is misinformation that is being spread by counter-kratom organizations in some regions, particularly in local jurisdictions. Typically, advocacy groups would fan out to try to address this misinformation in real-time, but that is not always possible due to the pandemic, so it has fallen to local citizens to argue for their right to use kratom safely and legally.

How Kratom Lovers Can Help

Are you worried about the future of kratom? Do you want to make sure that it is still both safe and legal to keep using kratom for years to come? If so, it is time to see what you can do to get involved in kratom advocacy efforts. Getting involved in 2020 might look a little different than it did in 2019, but there are still a lot of ways that you can make a difference.

Support the American Kratom Association

We’ve supported the efforts of the American Kratom Association (AKA) for years, and we plan to continue to do so for years to come. It’s not just organizations or businesses like us like that can get involved; you can also get directly involved in their efforts to make things better.

If you visit the AKA website, you can find more about many ways to get involved:

  • Join the AKA forums to discuss and interact with ongoing issues
  • Read the latest updates about kratom legislative actions
  • Find out if any initiatives are ongoing in your state
  • Join the Kratom Advocacy Council to be a more direct helper
  • Donate to support their efforts

Even if you just use AKA to become better informed about the issues that are affecting the kratom community at large, you will be making a difference in the way that kratom is perceived and received in society.

Contact Your Legislators

While AKA and similar advocacy groups can do a lot by working with legislators and local leaders to change the way that kratom is treated, their efforts only mean so much if there aren’t also local residents sharing their views on kratom as well. Legislators are far more likely to support a movement if they know that their constituents are in support of the movement, so using your voice in favor of Kratom in your community can make a huge difference.

Contact your local, state, and national representatives to share your opinion as much as possible. Pay attention to what issues they are voting on and how they are voting. Send letters and emails to explain your support or dissent with various opinions. Doing these things does not take a lot of time, but it does make a huge difference.

Get Educated

Finally, one of the most important things that you can do is to get educated about kratom and current kratom science. Not only does having this information benefit you, but it also makes it possible to refute misinformation publicly whenever you come across it. Having knowledge is power, and that is why we have a complete resources blog to help share what we know with our customers!

Phytoextractum

We want to protect kratom and kratom lovers now and for many years to come, and that is why we have always prioritized ensuring that our standards and processes are held to the highest degree of safety rules. We want to see that become the standard across the entire kratom industry, and that is why we support the work that kratom advocacy groups are doing.

In light of the COVID-19 pandemic, advocacy has taken on new forms, but it is still just as important as it ever was.

Filed Under: Kratom Tagged With: advocacy, american kratom association, coronavirus, covid-19, KCPA, kratom, Kratom Consumer Protection Act, legislation, making laws

State-by-State: Kratom Consumer Protection 2020 Predictions

January 7, 2020 by Phyto

2019 was a year of many changes in the way that kratom is classified, treated, and regulated in America. Through the efforts of advocacy agencies like the American Kratom Association and their supporters, four states passed Kratom Consumer Protection Acts, which protect consumers in those regions.

In 2020, they want to do even more.

By the end of the year, the American Kratom Association hopes to have protection acts passed in 25 states, meaning that 21 states would need to pass acts this year to accomplish the goal.

Is it possible? What states are being targeted? Find out all of this, and more, in today’s looks at what AKA will be focusing on for the coming year.

What Is The KCPA?

The kratom industry does not have a lot of regulation, control, or guidelines. Most industries have a set of good manufacturing practices that all reliable vendors and producers follow. The kratom industry did not have any such practices until recently.

Now, the American Kratom Association, AKA, runs the Good Compliance Standards Program. This voluntary program helps to ensure that:

  • vendors are properly testing their products
  • labeling their items
  • ensuring that their products are as safe and high-quality as possible

With the KCPA, the American Kratom Association hopes to continue beyond that voluntary program to set up some official, state-backed guidelines.

The Kratom Consumer Protection Act is a sample set of guidelines and rules that were created as an example for state governments. Each state that AKA works with can adapt these guidelines to suit their state, but the general outline of what it should include is as follows:

  • Defines kratom
  • Registers products and vendors operating in the state
  • Restricts and requires specific labeling practices
  • Requires testing to reduce adulterated or contaminated product presence
  • Sets up a state regulatory system

There are many different things that could be added to this as well. Ultimately, it is up to the legislators and lawmakers in each state to determine what they believe will be most effective in their state.

Amount & Synthetic Restrictions

Ideally, the KCPA legislation will also touch on the amount and types of alkaloids that can be in a kratom product.

As you might know, kratom’s benefits come from the alkaloids found in the plant. Alkaloids can, however, be created synthetically.

The KCPA suggests banning synthetic alkaloids and also putting a limit on the total amount of 7-OH that can be in the product. 7-OH, aka 7-hydroxymitragynine, is a metabolite of the primary alkaloids found in kratom.

States Where KCPA Exists

The AKA has already been working with states to implement the KCPA for some time now. Through their efforts, some form of this protection act exists in:

  • Nevada
  • Utah
  • Arizona
  • Georgia

Each of these states created their own version of the act, but the major components that will help to ensure that Americans can find safe, properly vetted kratom sources are underway in those areas.

States Where Kratom is Banned

Despite the best efforts of kratom advocacy groups, there are a few states where kratom bans have been passed.

Kratom is currently banned in these states:

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

Though these outright bans are very real, AKA is planning to target four of these states during the 2020 goal stretch to reach 25 states with KCPA laws. The advocacy group believes that the bans in these areas are, at best, shaky with a lot of dissension. With some effort, the bans can be reversed.

Unfortunately, both Wisconsin and Arkansas do not have legislative sessions this year, but AKA plans to work with legislators and get things ready to be implemented in early 2021, if possible.

In Rhode Island, AKA has already had the opportunity to meet with a number of officials and scientists, so the process of attempting to overturn the kratom ban is already underway.

2020 Target States

These are the states that AKA will be targeting in 2020:

  • Tennessee
  • Mississippi
  • Florida
  • South Carolina
  • North Carolina
  • Virginia
  • West Virginia
  • Ohio
  • Pennsylvania
  • Oregon
  • Idaho
  • New York
  • Rhode Island
  • Wisconsin
  • Colorado
  • Kansas
  • Oklahoma
  • Missouri
  • Louisiana
  • Illinois
  • Michigan
  • Alabama
  • Arkansas

These states are the states where the AKA has already been working to lay the groundwork for the Kratom Consumer Protection Act to be implemented. The organization also took into account the amount of funding that they currently have available to put into the project.

The situation for all of these states is different, so AKA is handling a lot of moving parts. In some states, lobbyists are already working hard. In other states, funding and lobbyist efforts are needed to move forward with the goal.

Ultimately, it’s hard to say for certain if this goal will be completely achievable or not. When it comes to politics, a number of other issues could stand in the way and prevent a law from being passed until next year, but we firmly believe that a lot of progress in a positive direction will be made.

Want To Get Involved?

If you have any interest in getting involved in the advocacy efforts at your state or local level, you can do that! Ask around at your local kratom shop if there are any such groups working in the area or contact the AKA to find out where you could step in to lend a helping hand.

If you aren’t ready to get involved in a group but still want to support the efforts that are being made, you can do a few simple things:

  • Share your kratom stories on AKA’s website
  • Buy from vendors that support the GMP compliance program run by AKA
  • Send an email to your local or state officials letting them know of your opinion on any kratom-related legislation proposals

If we are to succeed in passing KCPA in all of these states in 2020, help is going to be necessary! Share your story; share your passion. With your help, the kratom industry can become safer than ever before.

Filed Under: Kratom Tagged With: accreditation, advocacy, AKA, american kratom association, citizenship, consumer protections, GMP, Good Manufacturing Practices, KCPA, Kratom Consumer Protection Act, kratom regulation, lab testing, legislation, lobbying, quality assurance, state laws

Kratom’s Evolving Legal Status

December 17, 2019 by Phyto

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.


Is Kratom Legal Where I Live?

As of 2020, 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.

Please refer to the below map for a quick visual guide to where Kratom is legal in the United States.

States Where Kratom Is Banned:

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

Localities Where Kratom Is Banned:

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.

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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 educate and 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!

Filed Under: Kratom Tagged With: advocacy, AKA, alkaloids, american kratom association, ban, international, kratom, Kratom Consumer Protection Act, legality, legislation, mitragyna speciosa, states

AKA: The American Kratom Association And Why It Matters

October 8, 2019 by Phyto

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.

Banner For Kratom Products

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.

Filed Under: Kratom Tagged With: action alert, advocacy, AKA, american kratom association, bills, kratom, Kratom Consumer Protection Act, laws, legislative session, legislature, mitragyna speciosa

The Trouble With Kratom: What We Can’t Tell You

August 20, 2019 by Phyto

There are many who enjoy kratom on a regular basis but don’t know much about how it actually works. There are others who are curious about trying kratom for the first time, but they can’t find enough reliable information online to really feel confident using it. Why is it that this uncertainty exists around the subject of kratom?

Unfortunately, legality is a big part of why sellers like us cannot say more about kratom when we are marketing our products. While we know a lot about this botanical, how it works, and what it could do for you, we could be breaking the law if we weren’t careful about how we describe and market our product.

Understanding why things are set up like this can be confusing, but the situation doesn’t have to stay like this forever! That’s right; it is possible for this situation to change if the right types of time, money, and effort are put into the world.

Today, we’ll be sharing what we know about the rules that prevent kratom companies like us from discussing certain topics with consumers. Then, we’ll let you know what YOU can do to help this problem improve in the future of the kratom industry.

How The FDA Regulates “Claims” Marketing

There are tons of different rules and regulations that the Food and Drug Administration uses to help protect consumers in America from mislabeled or otherwise dangerous products. Like any other seller on the market, we are liable to follow these regulations. 

Generally speaking, the FDA recognizes two types of claims:

  • • Health claims
  • • Structure/function claims
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What Are Health Claims?

Health claims are a type of claim that specifically links a substance to a disease or health-related condition. Health claims can only be used for drugs that have been approved by the FDA to treat diseases. 

In this type of claim, the product is marketed as a specific solution to a problem. For example, allergy eye drops are specifically formulated to contain some ingredients which soothe itchy eyes and are marketed as such. This would fall into the category of a health claim, and the claim would need to be pre-approved by the FDA before any marketing begins.

Saying that eating carrots helps maintain your sense of sight, however, would not be considered a health claim because it is not targeting a specific health condition. This is considered a structure/function claim.

What Are Structure/Function Claims?

The other type of claims that the FDA deals with frequently are the structure/function claims. These claims are more general and talk about how nutrients and ingredients can change or affects the body’s functions.

For example, saying that vitamin A helps improve vision is a structure/function claim.

These types of claims can be added to supplements in the US without any FDA pre-approval, but the information must be passed to the FDA within 30 days. Additionally, you must have substantial evidence to support your claim. Finally, disclaimers must be added to all packaging to let customers know that the FDA did not review the claims.

The Trouble With Kratom

Now that you have a little bit of background knowledge about how the FDA deals with drug and supplement related approvals, let’s talk about the trouble with kratom.

Kratom is not an FDA-approved drug, therefore it cannot use any health claims. What’s tricky is that the FDA also does not consider kratom to be a supplement, therefore structure/function claims are off limits too.

Vendors typically sell kratom as a dietary ingredient, a supplement, or a food, though the specific classification has changed over time and will likely continue to change into the future.

Health & Structure/Function Claims Do Not Apply

While you can use health claims or structure/function claims to market some drugs and supplements, the same cannot be said about kratom.

In the case of health claims, there is no FDA-supported evidence that kratom has any positive effects at this time. For that reason, the FDA will not pre-approve any statements about kratom to be used as health claims. 

In the case of kratom, structure/function claims are also prohibited. While the base compound found in kratom (mitragynine) has been shown to have effects on the body, there is not yet a solid baseline measurement for the body’s natural level. This means that comparing the function of kratom to the body’s normal function is impossible.

And for that reason, we as vendors become severely limited in what we can and cannot say about kratom!

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Why We Think This Needs To Be Changed

Ideally, the day will come when we can legally describe the effects that kratom may have, like many other botanicals currently marketed as supplements. Unfortunately, there are a lot of barriers to making this happen.

Many vendors have lied, sold dangerous product, or otherwise caused problems within the kratom community over the years. Due to their irresponsibility, reliable vendors like us have to suffer from the negative perception that both members of the general public and the FDA have about kratom.

If the perception of kratom never changes, the bad vendors will never be held accountable, and consumers will be continually put at risk of buying a poorly made, unregulated product.

You Can Be The Change

While there are vendors like us and organizations like the American Kratom Association fighting for our rights to use kratom safely and freely, we can’t do it alone. To truly have an impact on how the kratom industry grows and changes in the future, we need all kratom lovers to join us in pushing back against negative perception.

There are a number of things that we would love for you to do to help us save the future of Kratom from becoming even messier than it already is:

  • • Buy from vendors that are part of the AKA Good Manufacturing Program
  • • Share your stories about kratom online
  • • Reach out to your local legislatures about kratom laws
  • • Encourage the establishment of Kratom Consumer Protection Laws

With your help, we can ensure that kratom remains a safe and legal botanical to use as the years go by!

Filed Under: Kratom Tagged With: fda, food and drug administration, health claims, kratom, Kratom Consumer Protection Act, mitragyna speciosa, structure function claims

How The Kratom Consumer Protection Act Affects You

May 15, 2019 by Phyto

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.

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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:

  • • Utah
  • • Georgia
  • • Arizona

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.

Filed Under: Kratom Tagged With: AKA, american kratom association, compliance, consumer safety, GMP, KCPA, kratom, Kratom Consumer Protection Act, legislation, regulation

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