Florida lawmaker pushes for congressional hearing on kratom

A U.S. representative is urging members of Congress to hold a hearing on kratom after a Tampa Bay Times investigation revealed hundreds of people in Florida fatally overdosed while using the virtually unregulated substance.

U.S. Rep. Kathy Castor, D-Tampa, told the Times she wants kratom experts and the federal Food and Drug Administration to answer questions about the psychoactive plant during testimony on Capitol Hill to help lawmakers determine next steps.

“The heart-wrenching stories of families highlighted in your series, I don’t see how you can sit by and say, ‘OK, this doesn’t deserve a fair look at what is being marketed to people,’” Castor said. “You don’t know what’s in it. It’s not labeled. It’s open season.”

Castor’s call on lawmakers to further probe the herb comes as Congress is weighing a bill backed by kratom lobbyists. She criticized the legislation, calling it the “Kratom Industry Protection Act,” and raised doubts about whether it will keep consumers safe given the death toll in Florida alone.

“That bill would limit the ability of federal agencies to impose any regulations,” Castor said.

The Times’ three-part series, published in December, found that nearly 600 people across Florida have died from kratom-related overdoses during the past decade. The majority of cases involved a fatal mixture of kratom and at least one other substance, but dozens of people overdosed solely on the herb, which is legal across Florida and most other states.

Reporters also documented how vendors sell kratom without dosing instructions, potency information, a list of ingredients or, sometimes, any label at all. Companies market powerful extract products that scientists worry are dangerous, while suppliers and manufacturers take elaborate measures to evade regulators and avoid detection.

The FDA has deemed kratom to be dangerous. In 2014, the agency issued an import alert for the substance, meaning federal officials could block shipments of the herb coming through U.S. customs. But kratom continues to enter ports around the country, fueling a $1.5 billion industry that has largely escaped government oversight.

The American Kratom Association, which is the most influential kratom lobbying and advocacy organization in the world, has championed legislation in statehouses across the U.S. that focuses on preserving the right to buy and sell the herb rather than instituting key guardrails for businesses and those who take it, the Times found.

In Florida, lawmakers passed a version of an association-backed bill last year, banning sales to those younger than 21. New legislation introduced this session would impose further restrictions, requiring packages to include dosing instructions and other labeling and limiting the potency of some kratom products.

Several other states are also considering more stringent regulations, including Nebraska, which is weighing a ban on the substance, and Georgia, where a proposed bill would create penalties for individuals who fail to follow the state’s labeling and age requirements when selling kratom products.

Georgia’s expansive role in the kratom industry was detailed in the Times series, which showed how a major kratom brand operates under the radar in the state and across the country, making the herb’s supply chain difficult to track. The pending legislation would also require companies in Georgia to register with the state — the importance of which was underscored by the Times investigation, the bill’s sponsor said.

On the federal level, the kratom association’s legislation is sponsored by a bipartisan group of House and Senate lawmakers. It would exempt kratom companies that want to legally sell dietary supplements from having to prove their products are safe, bypassing the FDA’s existing pre-market authority to regulate the herb. It would also curtail the agency’s ability to issue import alerts for kratom.

The bills’ sponsors declined to comment or didn’t respond to multiple requests for comment.

C. McClain “Mac” Haddow, the kratom association’s chief lobbyist, said in an email that the federal bills would ensure kratom products provide the same “consumer protections” as supplements.

The group welcomes Castor’s proposed hearing, he said.

After the Times investigation, Castor said she suggested holding a hearing to Rep. Morgan Griffith, a Virginia Republican who chairs the House Energy and Commerce Committee’s Oversight and Investigations Subcommittee. The House committee handles an array of legislative matters, including issues related to consumer protection, food and drug policy and public health.

Castor, the subcommittee’s ranking Democrat, is unable to set its agenda in the GOP-controlled House. A House Energy and Commerce Committee spokesperson declined to comment. In a statement to the Times, Griffith said he is examining the matter.

“I am aware of recent reports, and I am taking a look at kratom,” Griffith said. “I appreciate your articles and I am currently evaluating what steps to take next.”

Castor said her office also contacted the FDA and the U.S. Drug Enforcement Administration about kratom. DEA agents visited her Washington, D.C., office and are also tracking kratom deaths, Castor said.

The FDA said it recently spearheaded a pilot study on kratom’s safety and the results haven’t been finalized, according to Castor. She said the agency didn’t give a clear answer on when the findings will be available. The study wrapped up in January, federal records show. Officials wanted to see if people experienced health problems after taking small doses of kratom.

Both the FDA and DEA declined to comment to the Times.

Castor said she wants to know whether kratom is safe on its own or when mixed with synthetic drugs. She hopes a hearing would shed light on those issues.

“No one really understands what doses are appropriate,” she said. “We don’t have a lot of the scientific data that would help policymakers move forward.

“But you look at the number of deaths, and you think, ‘OK, well … we need this information,” she said. “People want answers.”