The Kratom Consumer Protection Act Does Not Protect Consumers

Michael Cowgill

Right now, there is a bill in Congress called the “Kratom Consumer Protection Act.”  Despite its name, this bill does not protect consumers at all. Instead, it protects the companies that make and sell kratom. You can tell lawmakers to vote NO on this bill, so it does not become a law.

The American Kratom Association (AKA) is pushing hard for this bill, saying it protects kratom users, but the bill is misleading from the start. The word “consumer” is only used in the title and nowhere else in the rest of the document. Sections of the bill even have self-serving names like “The Protection of Kratom from Current Regulations” and “Protection from Future Administrative Actions.” All the protection is pointed in the wrong direction—toward industry and away from consumers.

The bill effectively shields both overseas kratom manufacturers and U.S. distributors from meaningful regulation and oversight. Specifically, the legislation seeks to limit what the U.S. Food and Drug Administration (FDA) and other government agencies can do to keep the public safe. Key provisions include:

  • Restricting the FDA from regulating kratom as a drug, new dietary ingredient, or as an adulterated dietary supplement.
  • Creating legal gaps that would allow U.S. manufacturers to sell kratom without accountability.
  • Steering FDA research to focus on deaths involving kratom mixed with other substances, instead of the dangers of kratom itself.
  • Requiring hearings to discuss the “adverse health impacts” if kratom were unavailable, as well as mandating FDA reports on kratom’s so-called “health and wellness benefits.”

Sadly, this bill does nothing to help people who’ve faced real problems because of kratom, including addiction, seizures, psychosis, organ failure, and the death of loved ones from kratom.

Contact your lawmakers and tell them to vote NO on the Kratom Consumer Protection Act. The bill’s numbers are Senate Bill 3039 and House Bill 5905. You can find out who your lawmakers are and how to reach them by clicking these links:

Click here to find your U.S. Representative

Click here to find your U.S. Senators

Below is a template you can use to write, email, or call your representatives in Congress. Fill in the brackets with your personal information and make any edits you want to include or delete. We appreciate your effort on this as our team of attorneys continues to work on legal strategies aimed at securing justice for victims of kratom-related incidents.

EMAIL TEMPLATE TO LAWMAKERS:

[INSERT DATE]

Dear [INSERT Name of Member of Congress],

My name is [INSERT Your Name] and I live in [INSERT Your City], [INSERT Your State].  I am writing to ask you to vote NO on “The Kratom Consumer Protection Act” (Senate Bill 3039 and House Bill 5905).

“The Kratom Consumer Protection Act” is designed to protect the business interests behind kratom, instead of the consumers who use it and the people who have been hurt by kratom.

The bill is misleading from the start. The word “consumer” is only used in the title and nowhere else in the rest of the bill. All the protection is pointed in the wrong direction—toward protecting the kratom industry and away from consumers.

Specifically, the legislation seeks to restrict the FDA and other government agencies from regulating kratom as a drug, new dietary ingredient, or as an adulterated dietary supplement. It protects overseas kratom manufacturers and protects U.S. distributors from meaningful regulation and oversight.

The proposed act does nothing to protect consumers from the real dangers of kratom, including addiction, seizures, psychosis, organ failure, and the death of loved ones.

[INSERT your story with kratom here.]

I appreciate your help and ask that you please send me a response letting me know how you plan to vote on this issue.  Thank you for your time and considering my request.

Sincerely,

[Your Name]

[Your address]

[Your phone number]

[Your email]

MCTLaw Sarasota office

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