Walsh, Glick, Buttenschon, Brown K, Griffin, Conrad
MLTSPNSR
Levenberg
Add §398-g, Gen Bus L
Requires manufacturers of kratom products within the state to have a warning label that the product has not been approved by the federal food and drug administration and the products' side effects; prohibits labeling of kratom products as all natural.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5852A
SPONSOR: Steck TITLE OF BILL:
An act to amend the general business law, relating to regulating the
sale of kratom products
SUMMARY OF PROVISIONS:
Section 1. The general business law is amended by adding a new section
398-g to read as follows:
2. On each package of any kratom product sold or delivered by a manufac-
turer this state on or after January first, two thousand twenty-six,
there shall be printed thereon or attached thereto a warning of such
product's lack of federal food and drug administration approval and such
kratom products' known side effects. Such warning shall be in a font
not less than twelve-point type and in a color in contrast with the
package containing such kratom product, and shall contain the following
statement: "WARNING This product has not been approved by the FDA. Side
effects may include nausea, agitation, hallucinations, difficulty
breathing, liver damage, and death" 3. No kratom product shall be adver-
tised as nor shall the packaging of such kratom product suggest, state,
or imply that such kratom product is all natural.
PURPOSE AND JUSTIFICATION:
On November 17th, 2024, Nick Scribner, a 27-year-old resident of Ball-
ston Spa, was found deceased by his brother in his bedroom after self-
medicating with Kratom; the death is believed to be the result of two
catastrophic side effects of the drug when combined, deep sleep, and
vomiting. Nick struggled to fall asleep at night; he first turned to
Nyquil and Benadryl, which did not help. He then found an online product
listed as a "Natural Herbal Remedy" to help combat insomnia, which
contained high amounts of Kratom. Due to this deceitful advertising and
a lack of warning about the adverse effects of Kratom, Nick believed
this was healthy and began taking Kratom in excessive amounts, which
possibly resulted in his death (autopsy is not complete).
Kratom has been used in Southeast Asia for hundreds of years as a
multi-purpose health remedy. White in its natural form, it can be safe,
many products, such as pills and drinks, contain refined Kratom, which
is chemically altered to be more potent and addictive. There are no
uses for Kratom approved by the U.S. Food and Drug Administration (FDA),
and the FDA has warned consumers not to use Kratom due to potential side
effects including, but not limited to: Nausea, Aggression, Hallucina-
tions, Trouble Breathing, Liver Damage, and Death.12
Kratom is currently outlawed entirely in Alabama, Arkansas, Indiana,
Rhode Island, Vermont, and Wisconsin. In New Hampshire, it is legal for
those over 18; in Tennessee, it is for those over 21. Many other
states, including New York, have county/city bans on Kratom, such as
Suffolk County, which prohibited the sale and distribution of Kratom in
2016. To prevent tragic deaths-like Nickts from happening to other New
Yorkers, this legislation will require ALL kratom products
sold/distributed in the State of New York to have a warning label saying
the following: "Warning: This product is not approved by the FDA. Side
effects include nausea, aggression, hallucinations, trouble breathing,
liver damage, and death."
The legislation will also prohibit kratom products sold/distributed in
the State of NewYork from being advertised as "all-natural" since the
Kratom included in those products is not in its natural form since it
undergoes a chemical process to make it more potent.
EXISTING LAW:
None.
PRIOR LEGISLATIVE HISTORY:
New legislation.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act will take effect on the one-hundred-twentieth day after it
becomes law
1 https://www.mayoctinic.org/diseases-conditions/
prescription-drug-abusenn-depth/kratom/art-20402171
2 https://www.cdc.gov/mmwr/volumes/68/wr/mm6814a2.htm
STATE OF NEW YORK
________________________________________________________________________
5852--A
2025-2026 Regular Sessions
IN ASSEMBLY
February 24, 2025
___________
Introduced by M. of A. STECK, WALSH, GLICK, BUTTENSCHON, K. BROWN, GRIF-
FIN -- Multi-Sponsored by -- M. of A. LEVENBERG -- read once and
referred to the Committee on Consumer Affairs and Protection --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the general business law, relating to regulating the
sale of kratom products
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 398-g to read as follows:
3 § 398-g. Kratom package labeling. 1. For the purposes of this section,
4 the following terms shall have the following meanings:
5 (a) "Kratom" means both Mitragyna speciosa, a tree native to Southeast
6 Asia, and the products derived from its leaves that are marketed as
7 herbal supplements.
8 (b) "All natural" means a product that contains no artificial ingredi-
9 ents or added colors and is minimally processed.
10 2. On each package of any kratom product sold or delivered by a
11 manufacturer within this state on or after January first, two thousand
12 twenty-six, there shall be printed thereon or attached thereto a warning
13 of such product's lack of federal food and drug administration approval
14 and such kratom products' known side effects. Such warning shall be in
15 a font not less than twelve-point type and in a color in contrast with
16 the package containing such kratom product, and shall contain the
17 following statement:
18 "WARNING
19 This product has not been approved by the FDA. Side effects may include
20 nausea, agitation, hallucinations, difficulty breathing, liver damage,
21 and death"
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09239-02-5
A. 5852--A 2
1 3. No kratom product shall be advertised as nor shall the packaging of
2 such kratom product suggest, state, or imply that such kratom product is
3 all natural.
4 4. Any manufacturer in violation of this section shall be subject to a
5 civil penalty of not more than five hundred dollars for a first
6 violation and not more than one thousand dollars for a second or subse-
7 quent violation.
8 § 2. This act shall take effect one year after it shall have become a
9 law.
