Technically The FDA Is Not Supposed To Be Regulating Kratom, Nor Even Discussing It, Since Kratom Is Legally Considered A Food And Therefore Is Outside Of The FDA's Jurisdiction
The United States Food and Drug Administration (FDA) has been attacking Kratom for years, including almost getting Kratom banned in 2016, instituting an import alert which causes lots of Kratom to be seized at the border despite the fact that Kratom is legal, and convincing numerous states and municipalities to ban Kratom. Further, the FDA continues to push for a nationwide Kratom ban with an aggressive misinformation campaign, and the FDA continues to ignore the mountain of scientific and subjective reports which indicate that Kratom is safe and highly beneficial.
All of this being said, technically the FDA is not supposed to be regulating Kratom at all. As the Senior Fellow on Public Policy at the American Kratom Association (AKA) points out, Kratom is legally considered a food, and therefore Kratom is outside of the FDA’s jurisdiction.
The FDA's current War on Kratom is no exception to this deliberate distortion of the facts, and here is the first of the top 10 questions where the FDA is wrong on the policy and wrong on the science about kratom. pic.twitter.com/fGnLLMctMU— Mac Haddow (@HaddowMac) September 9, 2020
Indeed, under the U.S. Food Drug & Cosmetic Act, Kratom is considered a food. The FDA would only have the authority to regulate Kratom if it is considered a supplement or a drug, but if Kratom is used as a food, then the FDA has no authority.
Notably, Kratom vendors must remember to not make any health claims, since as soon as a vendor makes a health claim, then Kratom can be considered a drug. Likewise however, as long as no health claims are made, then Kratom is considered a food.
Further, the FDA often says that Kratom has no approved uses, but the FDA isn’t suppose to approve uses of food, since once again the FDA is not in charge of approving food products.
Thus, the FDA has continuously gone outside of their jurisdiction in the fight against Kratom, since the FDA is not supposed to be regulating Kratom at all, nor is the FDA supposed to discuss Kratom, since Kratom is legally a food. This is certainly important information to remember going forward, since the next time the FDA attacks Kratom, us Kratom warriors should remind them that Kratom is legally a food, and that the FDA itself is breaking the law if they are trying to regulate a food product like Kratom.