Advertising KratomMadi Furlong
Wading through the do’s and don’ts of Kratom is tricky. In 2017, the FDA lifted the federal ban on Kratom solidifying Kratom’s legality on a federal level. While this was a monumental step forward for Kratom’s legitimacy, the legal hurdles posed by the FDA didn’t simply disappear. While Kratom can be manufactured and sold legally in most states in the United States, the ever-looming FDA holds a tight grip on our speech, restricting how we advertise and what we can say to promote Kratom.
First, let’s quickly review red flag claims.
Claim One: Health Claims
A health claim is a claim which states that a specific substance (food, dietary ingredient, etc.) can affect a particular disease or health condition. If a statement contains both of these components (a substance and a disease), it can be legally considered a health claim.
Claim Two: Structure-Function Claims
Our second claim type to worry about is called a structure-function claim.
This is a claim that:
1. Claims that a specific nutrient or ingredient changes the normal function of the body
2. Does not mention any particular disease
3. Does not present itself as a cure
4. Focuses on improving the body’s overall health
The FDA narrowly limits structure-function claims. No pre-approval is required, and a vendor can make any structure-function claim that is supported by evidence. Still, reporting these claims to the FDA within 30 days of marketing them is essential.
All products that use structure-function claims for advertising must also include a disclaimer, which says the FDA did not regulate the statements.
In Kratom’s case, neither health claims nor structure/function claims is accepted by the FDA.
The Importance of Regulation
The FDA has always been at odds with the world of herbal supplements and botanicals. But, despite our odds, a relationship with the FDA is vital. Without oversite, universal safety and regulation standards cannot be built and enforced.
Advocates for Kratom know that regulation, not a ban, would help purify, protect, and ensure that Americans consume the Kratom in its natural and authentic form. While a ban is entirely over-reactive, some regulation would benefit the Kratom community. Just as in any community, it’s easy to fall prey to dishonest vendors, willing to cut corners by selling adulterated Kratom from unreliable sources.
So, how can we safely advocate for our favorite plant?
While it’s essential to stay between the lines laid out by the FDA, there is room for responsible vendors to promote their brand. You only need to know where to look:
- The American Kratom Association (AKA): When you want to learn about the most recent and pertinent information in Kratom’s world, the quickest way is to visit the Updates Section on AKA’s website americankratom.org. This page details AKA’s ongoing work in safety, education, and advocacy while also updating Kratom lovers with others promptly.
- Social Media: Social media is an essential tool for those looking to keep up with current events, track products, and discover new brands. You can quickly and conveniently control your advertisement stream by merely adding your trusted retailer to your social media pages. Tune in or tune out. It’s your choice. Our @Club13_Herbals is guaranteed to plug you into weekly sales, new products, blog posts, and general Kratom news.
- Retailers: Go to the source! If you have any questions concerning Kratom news, law updates, or product questions, check out your retailer for information. Whether it’s a brick and mortar retailer or online, they’re guaranteed to either have your answers or know where to find them.
We’ve said it before, and we’ll say it again. In addition to bringing you the highest quality Kratom products possible, we also want to shed light on the limitations we face when speaking to you. Education is key to overcoming the obstacles placed before our industry.