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N.Y. Gen. Bus. Law § 398-g

Kratom package labeling

Redline — January 1, 2026 → current.View current text →
Current — June 29, 2026
As of January 1, 2026
* § 398-g. Kratom package labeling. 1. For the purposes of this\nsection, the following terms shall have the following meanings:\n (a) "Kratom" means both Mitragyna speciosa, a tree native to Southeast\nAsia, and the products derived from its leaves that are marketed as\nherbal supplements.\n (b) "All natural" means a product that contains no artificial\ningredients or added colors and is minimally processed.\n 2. On each package of any kratom product sold or delivered by a\nmanufacturer within this state on or after January first, two thousand\ntwenty-six, there shall be printed thereon or attached thereto a warning\nof such product's lack of federal food and drug administration approval\nand such kratom products' known side effects. Such warning shall be in a\nfont not less than twelve-point type and in a color in contrast with the\npackage containing such kratom product, and shall contain the following\nstatement:\n "WARNING\nThis product has not been approved by the FDA. Side effects may include\nnausea, agitation, hallucinations, difficulty breathing, liver damage,\nand death"\n 3. No kratom product shall be advertised as nor shall the packaging of\nsuch kratom product suggest, state, or imply that such kratom product is\nall natural.\n 4. Any manufacturer in violation of this section shall be subject to a\ncivil penalty of not more than five hundred dollars for a first\nviolation and not more than one thousand dollars for a second or\nsubsequent violation.\n * NB Effective December 19, 2026\n
* § 398-g. Kratom package labeling. 1. For the purposes of this\nsection, "Kratom" means any part of the plant Mitragyna speciosa,\nwhether growing or not, and any compound, manufacture, salt, derivative,\nmixture, or preparation of such plant or synthesized or semi-synthesized\npreparations of mitragynine or 7-hydroxymitragynine, their derivatives,\nsalts, esters, and isomers.\n 2. No person, firm, partnership, association, or corporation shall\nmanufacture, distribute, sell or offer for sale at retail within the\nstate any product containing kratom unless there is printed thereon such\npackaging or attached thereto a label disclosing the following:\n (a) the name and address for the place of business of the manufacturer\nor distributor of the kratom product;\n (b) the full list of ingredients in the kratom product;\n (c) the following disclosures:\n (i) that sale or distribution by individuals who are under twenty-one\nyears of age is prohibited under the public health law;\n (ii) that use by individuals who are pregnant or breastfeeding is not\nadvised;\n (iii) to consult a healthcare professional prior to use;\n (iv) that kratom may be addictive;\n (v) that kratom may interact with certain medications, drugs, and\ncontrolled substances;\n (vi) whether the product includes a semi-synthesized chemical or\ncompound or synthesized chemical or compound of kratom. For the purposes\nof this subparagraph the term "semi-synthesized chemical or compound"\nshall mean a chemical or compound contained in a kratom extract that has\nbeen exposed to chemicals or processes that would confer a structural\nchange in the chemical or compound, such as oxidation, reduction, and\nring opening and closing, resulting in material that has been chemically\naltered. For the purposes of this subparagraph the term "synthesized\nchemical or compound" shall mean a chemical or compound of kratom that\nhas been created by chemical synthesis or biosynthetic means, including\nfermentation, recombinant techniques, and enzymatic techniques, rather\nthan by traditional food preparation techniques such as heating or\nextracting; and\n (vii) quantitative declarations of the amount of mitragynine and the\namount of 7-hydroxymitragynine by part, weight or volume of the kratom\nproduct; and\n (d) the following statements, clearly and conspicuously:\n (i) "These statements have not been evaluated by the food and drug\nadministration. This product is not intended to diagnose, treat, cure,\nor prevent any disease."; and\n (ii) "Keep out of reach of children."\n 3. Any person, firm, partnership, association, or corporation in\nviolation of this section shall be subject to a civil penalty of not\nmore than five hundred dollars for a first violation and not more than\none thousand dollars for a second or subsequent violation.\n * NB Effective December 19, 2026\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.