Kratom Manufacturer Botanic Tonics Sues Utah Over Kratom-Kava Combination Ban

Why it matters

A major kratom manufacturer is challenging Utah's new kratom restrictions in court, claiming the state law unconstitutionally conflicts with federal dietary supplement regulations. The lawsuit could set legal precedent for how states can regulate botanical products.

The big picture

Utah recently banned kratom extracts and combination products like Feel Free (kratom + kava), making it the eighth state to restrict kratom. Botanic Tonics argues that Congress established a federal framework for dietary supplements that preempts state bans, and that Utah's law effectively prohibits all kratom by banning products containing any amount of mitragynine pseudoindoxyl (MGPI), which occurs naturally in small amounts. Sen. Mike McKell counters that products like Feel Free pose serious public health risks.

Key findings

• Botanic Tonics projects losses exceeding $10 million and impact to 321 Utah retail locations
• Utah law takes effect May 6, 2026; bans leaf extracts and products combining kratom with other substances
• The lawsuit centers on whether federal dietary supplement law (DSHEA 1994) prevents state restrictions
• Utah claims about 200 kratom-related deaths in the state, mostly involving other substances
• Botanic Tonics previously settled a $8.75 million class action lawsuit (2024) and faced $3 million seizure of Feel Free products (2023)

What they say

\"Feel Free, in my view, is one of the worst products sold in the state, one of the most dangerous,\" said Sen. Mike McKell, sponsor of Utah's kratom ban.

Bottom line

**A major legal test of state vs. federal authority over kratom regulation is underway, with implications for how states can restrict botanical products nationwide.**