NY State Kratom Warning Bill Language

S T A T E O F N E W Y O R K

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5852--A

2025-2026 Regular Sessions

I N A S S E M B L Y

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:

Section 1. The general business law is amended by adding a new section

398-g to read as follows:

§ 398-G. KRATOM PACKAGE LABELING. 1. FOR THE PURPOSES OF THIS SECTION,

THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:

(A) "KRATOM" MEANS BOTH MITRAGYNA SPECIOSA, A TREE NATIVE TO SOUTHEAST

ASIA, AND THE PRODUCTS DERIVED FROM ITS LEAVES THAT ARE MARKETED AS

HERBAL SUPPLEMENTS.

(B) "ALL NATURAL" MEANS A PRODUCT THAT CONTAINS NO ARTIFICIAL INGREDI-

ENTS OR ADDED COLORS AND IS MINIMALLY PROCESSED.

2. ON EACH PACKAGE OF ANY KRATOM PRODUCT SOLD OR DELIVERED BY A

MANUFACTURER WITHIN 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"

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09239-02-5

A. 5852--A 2

3. NO KRATOM PRODUCT SHALL BE ADVERTISED AS NOR SHALL THE PACKAGING OF

SUCH KRATOM PRODUCT SUGGEST, STATE, OR IMPLY THAT SUCH KRATOM PRODUCT IS

ALL NATURAL.

4. ANY MANUFACTURER IN VIOLATION OF THIS SECTION SHALL BE SUBJECT TO A

CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR A FIRST

VIOLATION AND NOT MORE THAN ONE THOUSAND DOLLARS FOR A SECOND OR SUBSE-

QUENT VIOLATION.

§ 2. This act shall take effect one year after it shall have become a

law.