S 8285: 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 ________________________________________________________________________ 8285 2025-2026 Regular Sessions  IN SENATE May 30, 2025 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer 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 within this state on or after January first, two thousand 12 twenty-six, there shall be printed thereon or attached thereto a warning 13 of such product's lack of federal food and drug administration approval 14 and such kratom products' known side effects. Such warning shall be in 15 a font not less than twelve-point type and in a color in contrast with 16 the package containing such kratom product, and shall contain the 17 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. LBD09239-03-5 
 S. 8285 2 1 4. Any manufacturer in violation of this section shall be subject to a 2 civil penalty of not more than five hundred dollars for a first 3 violation and not more than one thousand dollars for a second or subse- 4 quent violation. 5 § 2. This act shall take effect one year after it shall have become a 6 law.