Why Your State Health Department Has the Power
Every state has its own Food, Drug, and Cosmetic Act – laws that mirror the federal standard.
These laws define a product as adulterated if it contains a poisonous or deleterious substance
that may render it injurious to health. The FDA has already determined that kratom products meet this definition.
Key point: A state "Kratom Consumer Protection Act" (KCPA) does not make an adulterated product unadulterated.
Industry-written KCPAs create labeling rules and age limits, but they do not override the state's existing food safety laws.
Kratom remains adulterated – and therefore illegal to sell – regardless of what a KCPA says.
⛔ The Industry's Dirty Secret
They push KCPAs to create the illusion of legality. But your health department's adulteration laws are still on the books – and they are being ignored. Demand enforcement.
Sample Email to Your Health Department
Use this to start the conversation – adapt with local details.
To: [State Health Department contact email]
Subject: URGENT: Enforce adulteration laws against kratom products
Dear [Commissioner/Director],
My name is [Your Name], and I am a resident of [City, State]. I am writing to demand that your department enforce [State]'s Food, Drug, and Cosmetic Act against retailers selling kratom.
Under [State Code reference if known], a food or drug is adulterated if it contains a substance that may render it injurious to health. The FDA has repeatedly declared kratom products adulterated under the federal FD&C Act. Kratom contains mitragynine and 7‑hydroxymitragynine, compounds with opioid-like activity, and has been linked to liver failure, seizures, addiction, and death.
I am aware that [State] has passed a "Kratom Consumer Protection Act." However, that law does not – and cannot – override our state's adulteration provisions. A product cannot be "regulated" into being unadulterated. The KCPA sets labeling rules, but the underlying product remains adulterated and therefore illegal to sell.
I ask your department to:
- Issue a public advisory stating that kratom products remain adulterated under state law.
- Investigate retailers selling kratom and enforce our adulteration laws.
- Provide a written opinion clarifying that the KCPA does not legalize the sale of an adulterated substance.
The industry hopes you will ignore your own laws. Please do not let them succeed.
Thank you for protecting the health of our communities.
[Your Name]
[Your Phone Number]
[Your Email]
⏳ The Industry Is Counting on Confusion
They want health departments to believe that a KCPA "fixes" everything. It doesn't.
Your job is to force your health department to read their own laws – and act on them.