• On June 13, 2026, a kratom drink maker filed an appeal (Law360 subscription required) from the denial of a motion for preliminary injunction, arguing that Utah’s law that bans mixing kratom with any “nonkratom substance” is preempted by federal law.
  • The law, which went into effect on May 6, 2026, prohibits kratom processors from selling or distributing any kratom product that is not pure leaf kratom. The law defines “pure leaf kratom” as a kratom product that is not mixed or packed with a nonkratom substance unless that substance is an inert encapsulating agent.
  • The plaintiffs argue that this requirement directly contradicts federal good manufacturing practices (GMPs), which require botanicals, such as kratom, used as a dietary supplement, to be free of dangerous pathogens. To meet this standard, the industry has relied on washing kratom leaves with heated chlorinated water which kills virtually all bacteria.
  • However, according to the plaintiffs, Utah’s law would prohibit the use of this technique because chlorinated water meets the definition of a non-kratom substance, meaning kratom producers would not be able to sell kratom products without either violating federal law or state law.
  • Keller and Heckman will continue to monitor litigation related to kratom products.