ASTHO's "Kratom 101" Signals Heightened Scrutiny, Urgent Compliance for Merchants

ASTHO's "Kratom 101" Signals Heightened Scrutiny, Urgent Compliance for Merchants

ARLINGTON, VA – The Association of State and Territorial Health Officials (ASTHO) has issued a significant publication, "Kratom 101: What You Need to Know," on February 9, 2026. This news brief from a prominent public health organization underscores the evolving landscape of kratom regulation and presents critical implications for both merchants and consumers in the industry.

What Happened: A Public Health Perspective on Kratom

ASTHO's "Kratom 101" serves as an informative overview, acknowledging kratom's increasing popularity while highlighting persistent warnings from the Food and Drug Administration (FDA) regarding potential severe risks. Crucially, the brief distinguishes between naturally occurring kratom alkaloids, mitragynine and 7-hydroxymitragynine (7-OH), and synthetic 7-OH, noting that synthetic versions can be concentrated at levels far exceeding natural trace amounts, leading to significant health concerns such as rapid heart rate, high blood pressure, and seizures.

The publication points out the current lack of federal regulation for kratom and synthetic 7-OH products. However, it reiterates the FDA's historical stance that kratom is an unsafe food additive and cannot be marketed as a drug, dietary supplement, or food additive. More recently, in July 2025, the FDA took a substantial step by recommending that the Drug Enforcement Administration (DEA) classify synthetic 7-OH under the Controlled Substances Act. This move is particularly impactful, as ASTHO highlights the diverse and often contradictory regulatory approaches taken by states, citing examples like Florida's Kratom Consumer Protection Act, which mandates age restrictions and imposes a retail sales tax, and requirements for testing and labeling in states like Utah and Oregon.

Why It Matters to Kratom Merchants and Consumers

For consumers, ASTHO's involvement signals a growing public health interest in kratom, which could lead to increased awareness of product differences and potential risks, especially concerning synthetic variants. This could empower consumers to make more informed purchasing decisions and demand higher product quality.

For kratom merchants, this publication is a clear indicator of escalating scrutiny from state health officials, potentially paving the way for more stringent state-level legislation. The explicit differentiation and emphasis on the risks of synthetic 7-OH, coupled with the FDA's recommendation for its scheduling, creates an urgent imperative for merchants to verify the natural origin and composition of their products. The existing "patchwork" of state laws, further highlighted by ASTHO, means that compliance is not a one-size-fits-all endeavor, demanding constant vigilance from businesses operating across state lines.

Compliance Implications and What High-Risk Merchants Need to Know

The most significant compliance implication stems from the FDA's recommendation to classify synthetic 7-OH. Merchants currently selling products containing concentrated or synthetic 7-OH must immediately cease these operations. The regulatory and financial risks associated with these products are severe and rapidly escalating.

High-risk kratom merchants must adopt a proactive, compliance-first approach to navigate this complex environment:

• Prioritize Natural Products: Focus exclusively on natural, unadulterated kratom. Emphasize the botanical origin and avoid making any unsubstantiated health claims, which can attract unwanted regulatory attention.
• Rigorous Third-Party Lab Testing: Implement comprehensive third-party lab testing for all products. This is crucial for verifying purity, potency (specifically mitragynine and 7-OH content), and ensuring the absence of contaminants such as heavy metals, pesticides, and microbial impurities. Some states already legally require such testing.
• Transparent Certificates of Analysis (COAs): Make COAs readily available and easily accessible to consumers for every product batch or lot. Ideally, these should be linked via QR codes on product labels, demonstrating unwavering transparency and commitment to quality control.
• Adherence to Labeling Requirements: Strictly comply with all state-specific labeling laws. This includes accurately listing ingredients, specifying alkaloid content (mitragynine and 7-OH), providing clear dosage instructions, and including any mandated warnings.
• Robust Age Verification: Implement and enforce strict age verification protocols, ensuring sales are made only to individuals meeting the legal age requirements (typically 18 or 21, depending on state law) both online and in brick-and-mortar stores.
• Geo-blocking and Shipping Restrictions: Utilize technology to prevent sales and shipments to states or local jurisdictions where kratom is banned or subject to specific restrictions.
• Good Manufacturing Practices (GMP): Adhere to cGMP certifications and best practices, especially as many jurisdictions regulate kratom products under food safety guidelines.
• Detailed Documentation: Maintain meticulous records of all compliance measures, testing results, and operational procedures.
• Consult Legal Experts: Engage with legal counsel specializing in kratom regulation and actively participate in industry associations to stay abreast of the dynamic legislative landscape.

The ASTHO "Kratom 101" brief serves as a stark reminder that the kratom industry is under increasing scrutiny. For high-risk merchants, proactive and comprehensive compliance with product integrity, testing, and labeling standards is not merely good practice—it's essential for long-term viability and avoiding severe penalties.