Policy · 2026-08-28
Northeastern Expert: Massachusetts Kratom Emergency Ban Mirrors 2019 Vaping Crackdown, Retailers Fighting Back
Source: Northeastern Global News
Why it matters
As Massachusetts' kratom ban took effect August 28, four retailers filed suit to block it — and a leading public health law expert explains why the ban is likely to survive legal challenge and what comes next for permanent legislation.
The big picture
Massachusetts Gov. Maura Healey issued an emergency order on August 13 banning all kratom products statewide, citing over 100 deaths in the state since 2020. The move follows a pattern seen with vaping: emergency executive action followed by legal challenge, then eventual permanent legislation. The state linked approximately 100 Massachusetts deaths to kratom since 2020, a figure public health officials believe understates the true toll because few counties test for kratom alkaloids in autopsies.
Key findings
- Four Massachusetts retailers sued to block the emergency order hours before it took effect August 28
- The ban classifies all kratom products as Schedule 1 drugs and can remain in effect for up to one year
- Retailers argue the state failed to show whether emergency responses were linked to natural kratom or concentrated synthetics
- Northeastern's Mark Gottlieb compared the action to the 2019 emergency vaping ban, which also faced legal challenge before permanent legislation passed
- Gottlieb assessed that an emergency injunction blocking the ban before end of August would be unlikely given court timing
What they say
"They are trying to block this like they blocked tobacco regulations. Addictive products are profit centers for gas stations and convenience stores. I think it's as simple as that," said Mark Gottlieb, executive director of Northeastern University's Public Health Advocacy Institute, explaining why retailers filed suit.
Bottom line
Massachusetts' kratom ban — the broadest state restriction to date — is likely to survive initial legal challenge and could become a model for other states seeking permanent kratom legislation.