Requires manufacturers or distributers of kratom within the state to include a warning label; prohibits labeling of kratom products as all natural, the official text

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