BILL NUMBER: S8285
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the general business law, relating to regulating the
sale of kratom products
 
PURPOSE:
Requires manufacturers or distributors of kratom within the state to
include a warning label; prohibits labeling of kratom products as all
natural
 
SUMMARY OF PROVISIONS:
Section 1: The general business law is amended by adding a new section
398-g to ensure that on each package of any kratom product sold or
delivered by a manufacturer 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 product; 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, hallu-
cinations, difficulty breathing, liver damage, and death. 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.
Section 2: Sets effective date
 
JUSTIFICATION:
On November 17, 2024, Nick Scribner, a 27-year-old resident of Ballston
Spa, New York, was tragically found deceased in his bedroom by his
brother. His death is believed to have resulted from self-medicating
with Kratom, a substance that, when combined with certain side effects
such as deep sleep and vomiting, can be fatal. Nick had long struggled
with insomnia. Initially, he turned to over-the-counter medications like
NyQuil and Benadryl, but found them ineffective. In search of relief, he
purchased an online product marketed as a "Natural Herbal Remedy"
intended to help with sleep. Unbeknownst to him, the product contained
high concentrations of Kratom. Misled by the product's marketing and the
absence of proper warnings, Nick assumed it was safe and began taking it
in excessive amounts. Although the autopsy is still pending, Kratom is
believed to be a significant contributing factor in his death.
Kratom is a plant native to Southeast Asia that has been used for centu-
ries as a traditional remedy for various ailments. In its unprocessed,
natural form, it is considered relatively mild. However, the Kratom
found in many U.S. products is chemically refined to enhance its poten-
cy, making it more addictive and dangerous. These products-often sold as
pills, powders, or drinks-are far more powerful than the plant in its
original state. Despite its widespread availability, Kratom is not
approved for any medical use by the U.S. Food and Drug Administration
(FDA). In fact, the FDA has warned consumers against using Kratom due to
its serious potential side effects, including nausea, aggression, hallu-
cinations, respiratory issues, liver damage, and even death.
Kratom is already banned in several states, including Alabama, Arkansas,
Indiana, Rhode Island, Vermont, and Wisconsin. Some states impose age
restrictions; for example, it is legal only for those over 18 in New
Hampshire and over 21 in Tennessee. In New York, regulation is incon-
sistent and varies by locality. Suffolk County, for example, banned the
sale and distribution of Kratom in 2016. However, the absence of state-
wide regulation leaves many New Yorkers vulnerable to the dangers of
Kratom, especially when it is misrepresented as safe or natural.
To help prevent future tragedies like Nick's, this legislation proposes
two key measures. First, all Kratom products sold or distributed within
the State of New York must include a prominent warning label that
states: "Warning: This product is not approved by the FDA. Side effects
may include nausea, aggression, hallucinations, trouble breathing, liver
damage, and death." Second, it will prohibit Kratom products from being
advertised using terms such as "natural" or "all-natural," since the
Kratom used in these products is often chemically altered and no longer
in its original form. By implementing these regulations, New York can
provide clearer guidance to consumers and reduce the risk of misuse,
addiction, and accidental death associated with Kratom.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
TBD.
 
EFFECTIVE DATE:
This act shall take effect one year after it shall have become a law.