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July 19, 2023 By: Asa Waldstein

Kratom Company Issued Warning Letter for Opioid Support Claims

Takeaway -

Kratom companies should be aware

FDA recently issued its first kratom warning letter of the year to a company making opioid withdrawal and support claims.

So far this year FDA has been quiet on kratom enforcement compared with the four kratom-related warning letters they issued last. All these letters have the same theme, with the companies making opioid withdrawal and support claims. Products marketed for opioid and substance withdrawal remain a high risk as those suffering from addiction are considered a “vulnerable population” and are top of mind for the FDA/FTC. Other vulnerable populations are the elderly, children, and those with mental illness.

This warning letter also makes a comparison to drugs. As we know, comparing an herb or supplement to a drug is a great way to attract FDA attention, as I wrote about here.

From warning letter: “Although kratom is not an opiate, it produces effects similar to opiate drugs. For this reason, kratom is often sought after for its analgesic effects. It is also used by those addicted to opioids to help with their withdrawal symptoms.”

FDA has a very unfavorable position on kratom and considers it a New Dietary Ingredient (NDI) according to this import alert, but I am unaware of any successful kratom NDI submission at this time. FDA also sent out this kratom alert where several US Marshall kratom seizures are highlighted, including $3 million worth of kratom in February. There have also been numerous kratom-related recalls because of salmonella contamination.

The family of a deceased person who apparently died from kratom use was just issued summary judgment in their case, which opens up not only the manufacturer but possibly the distributor to penalties. It seems like kratom is for sale everywhere, and I wonder if this case will give these smoke shops and gas stations pause before selling kratom. At the very least, I hope it will encourage distributors to do quality, labeling, and safety checks on the kratom products it sells.

Read the full warning letter here

Disclaimer: The educational information provided here is for informational purposes only. Contact an attorney for specific legal advice. Rule #1 in compliance is to ensure marketing is truthful and not misleading.

Written by

Asa Waldstein
Asa Waldstein
Asa Waldstein is a 24-year veteran of the dietary supplement industry, with experience spanning manufacturing, marketing, and regulatory compliance. He is the principal of Apex Compliance, a software company dedicated to streamlining regulatory marketing compliance for the dietary supplement and natural products sectors. Asa also leads Supplement Advisory Group, a boutique consultancy focused on marketing risk analysis, labeling, and practical compliance strategies for websites and social media. Asa has helped oversee three FDA GMP inspections with no 483s and was honored with the 2023 AHPA Herbal Hero Award and the 2024 What's Up Supps Policy and Change Agent Award. He currently serves as Chair of the American Herbal Products Association’s (AHPA) Cannabis Committee, helping shape policy and industry best practices