A 5852: Requires manufacturers of kratom products within the state to have a warning label that the product has not been approved by the federal food and drug administration and the products' side effects; prohibits labeling of kratom products as all natural.

  
  STATE OF NEW YORK ________________________________________________________________________ 5852 2025-2026 Regular Sessions  IN ASSEMBLY February 24, 2025 ___________ Introduced by M. of A. STECK, WALSH -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, relating to regulating the sale of kratom products The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 398-g to read as follows: 3 § 398-g. Kratom package labeling. 1. For the purposes of this section, 4 the following terms shall have the following meanings: 5 (a) "Kratom" means both Mitragyna speciosa, a tree native to Southeast 6 Asia, and the products derived from its leaves that are marketed as 7 herbal supplements. 8 (b) "All natural" means a product that contains no artificial ingredi- 9 ents or added colors and is minimally processed. 10 2. On each package of any kratom product sold or delivered by a 11 manufacturer or distributor within this state on or after January first, 12 two thousand twenty-six, there shall be printed thereon or attached 13 thereto a warning of such product's lack of federal food and drug admin- 14 istration approval and such kratom products' known side effects. Such 15 warning shall be in a font not less than eight-point type and in a color 16 in contrast with the package containing such kratom product, and shall 17 contain the following statement: 18 "WARNING 19 This product has not been approved by the FDA. Side effects may include 20 nausea, agitation, hallucinations, difficulty breathing, liver damage, 21 and death" 22 3. No kratom product shall be advertised as nor shall the packaging of 23 such kratom product suggest, state, or imply that such kratom product is 24 all natural. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09239-01-5 
 A. 5852 2 1 4. Any person, corporation, partnership, sole proprietor, limited 2 partnership, association or any other business entity in violation of 3 this section shall be subject to a civil penalty of not more than five 4 hundred dollars for a first violation and not more than one thousand 5 dollars for a second or subsequent violation. 6 § 2. This act shall take effect on the one hundred twentieth day after 7 it shall have become a law.