In a significant win for advocates of kratom, the Utah Legislature recently shelved House Bill 509. The bill, which sought to impose stricter pre-market approval requirements on kratom products, faced fervent opposition from the Global Kratom Coalition (GKC). The advocacy group criticized the proposed measures as both “onerous and vague.”
Matthew Lowe, executive director of the GKC, welcomed the legislative pause, emphasizing its broader implications. “We appreciate the desire for the bill’s sponsors to address safety concerns. However, suspending HB 509 represents a positive outcome for Utah consumers and the dietary supplement industry at large,” Lowe said in a press release. He argued that the proposed regulations would have violated federal law, particularly the Dietary Supplement Health and Education Act of 1994, and established an “unprecedented regulatory paradigm.”
Instead, the GKC has called for a different approach—better enforcement of Utah’s existing Kratom Consumer Protection Act (KCPA). Enacted in 2019, this law marked a watershed moment, making Utah the first state in the nation to establish regulatory standards for kratom. Similar laws have since been adopted in Arizona, Nevada, and other states.
However, critics point to a glaring weakness in these measures: a lack of funding for enforcement.
“Funding for enforcement remains an issue in Utah,” the GKC stated. A recent survey highlighted the problem, revealing that 64 percent of kratom products sold in the state are not registered with the Utah Department of Agriculture and Food (UDAF), as required by the KCPA.
To address this gap, the GKC has proposed a novel solution: a tax on kratom products to generate revenue for enforcement. The organization indicated it would collaborate with legislators to explore such measures in future sessions.
The debate in Utah reflects larger tensions surrounding kratom’s place in the booming dietary supplement industry. Utah, a hub for natural products and home to industry giants such as USANA Health Sciences and Nature’s Sunshine Products, generates over $10 billion annually from this sector. The state owes much of its prominence to the Dietary Supplement Health and Education Act (DSHEA) of 1994, championed by Utah Senator Orrin Hatch. DSHEA allowed manufacturers to market dietary supplements without prior FDA approval, fueling the industry’s rapid expansion.
While the natural products industry continues to thrive, calls for stricter regulations are growing. As discussions surrounding kratom illustrate, balancing innovation, consumer safety, and legal compliance is an ongoing challenge. For now, Utah remains at the forefront of the kratom conversation, offering a blueprint for states grappling with how to regulate this complex and controversial product.