Utah defeats challenge to kratom law 

SALT LAKE CITY — A federal court on May 4 rejected an attempt by a kratom manufacturer and industry group to block Utah’s new kratom regulation law, clearing the way for the law to take effect on May 6.

U.S. District Judge Howard C. Nielson Jr. denied a request from Botanic Tonics, LLC and the Global Kratom Coalition to stop enforcement of Utah’s Kratom Regulation Act, which bans the sale of kratom products mixed with other substances, including combination drinks like “feel free” sold across the state. The plaintiffs argued that federal law overrides Utah’s statute. The court disagreed, finding that states retain the power to ban specific products within their borders.  

“Stores across Utah were selling kratom mixed with other substances, with no real regulation and no real accountability. The Legislature said enough. We defended that decision in court and we won,” said Attorney General Derek Brown.   
 
Kratom, a plant-based substance, has been marketed to consumers as a stimulant, pain reliever, and more. When mixed with other compounds in commercial drinks and supplements, the combined products create potency and safety risks. The Legislature passed the measure to close gaps in oversight that allowed manufacturers to sell these products without real accountability for their contents or effects. 

The law took effect on May 6. The plaintiffs filed an appeal with the United States Court of Appeals for the Tenth Circuit on May 5, but the law will remain in effect during litigation. The Office of the Utah Attorney General will continue defending the law in court.