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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

Kratom

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Kratom Drink Producers Appeal to 10th Circuit to Halt Utah Ban

Posted on June 16, 2026
  • 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
… Continue Reading Kratom Drink Producers Appeal to 10th Circuit to Halt Utah Ban

Lawsuit Brought Against Kratom (Derivative) Products; FDA Suggests Relaxed Enforcement Against Kratom Products  

Posted on January 28, 2026
  • A class-action lawsuit was filed against 7Tabz on January 23, 2026, for alleged false and deceptive marketing practices related to the sale of what Plaintiff describes as “kratom” products.  Specifically,
… Continue Reading Lawsuit Brought Against Kratom (Derivative) Products; FDA Suggests Relaxed Enforcement Against Kratom Products  

Kratom Civil Forfeiture Action Voluntary Dismissed

Posted on January 7, 2026
  • A civil forfeiture action filed by the government (Plaintiff) in 2023 to seize kratom products held by Botanic Tonics, LLC came to an end on January 5th when the
… Continue Reading Kratom Civil Forfeiture Action Voluntary Dismissed

Florida Sued Over 7-OH Ban

Posted on November 25, 2025
  • A group of plaintiffs has filed a lawsuit against the state of Florida following the state’s ban on 7-hydroxymitragynine (7-OH). In July 2025, the state issued an emergency rule, which
… Continue Reading Florida Sued Over 7-OH Ban

Motion to Dismiss Filed in Kratom Lawsuit  

Posted on October 22, 2025
  • A class action lawsuit filed earlier this year against Mitra-9 Brands, LLC, alleged that the company’s Kratom-containing seltzers, powders, and shots were falsely and misleadingly advertised, primarily because they failed
… Continue Reading Motion to Dismiss Filed in Kratom Lawsuit  

FDA Continues Enforcement Action Against Kratom

Posted on May 24, 2021
  •  FDA has warned consumers for years against using products containing Mitragyna speciosa, a plant from Southeast Asia that is commonly known as kratom, or its psychoactive compounds, mitragynine and

…
Continue Reading FDA Continues Enforcement Action Against Kratom

CSPI Urges FDA to Take Further Action on Tianeptine Products

Posted on August 28, 2020
  • On August 25, 2020, the Center for Science in the Public Interest (CSPI) sent a letter urging FDA to take further enforcement against manufacturers, distributors, and retailers that sell products

…
Continue Reading CSPI Urges FDA to Take Further Action on Tianeptine Products

FDA Issues Warning Letters to Companies Illegally Selling Unapproved, Misbranded Kratom Products

Posted on June 26, 2019
  • On June 25, FDA issued warning letters to two marketers and distributors of kratom products – Cali Botanicals and Kratom NC. FDA determined that the companies were illegally selling

…
Continue Reading FDA Issues Warning Letters to Companies Illegally Selling Unapproved, Misbranded Kratom Products

FDA Releases Heavy Metal Test Results in Kratom

Posted on April 5, 2019
  • In November 2018, FDA announced that it had tested 26 kratom products with “disturbingly” high heavy metal levels.  Also known as Mitragyna speciose, kratom grows naturally in Southeast Asia

…
Continue Reading FDA Releases Heavy Metal Test Results in Kratom

FDA Finds High Levels of Heavy Metals in Kratom Products

Posted on November 30, 2018
  • In a press announcement released on November 27, 2018, FDA Commissioner Scott Gottlieb revealed that FDA scientists found “disturbingly” high levels of heavy metals in kratom products. Kratom, also known

…
Continue Reading FDA Finds High Levels of Heavy Metals in Kratom Products

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Keller and Heckman, founded in 1962, has a broad practice in the areas of regulatory law, public policy, and litigation, serving both domestic and international clients. Our firm is a pioneer in the use of interdisciplinary approaches to problem-solving. Since 1971, we have had an in-house scientific staff that works closely with the firm’s attorneys on matters of technical complexity. Many of our attorneys also have government experience and expertise in multiple areas of the law.

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