Requires manufacturers or distributers of kratom within the state to include a warning label; prohibits labeling of kratom products as all natural

• Republican6
• Democratic5

◆ The sponsor's argument

Why James Skoufis says this is needed

On November 17, 2024, Nick Scribner, a 27-year-old resident of Ballston Spa, New York, was tragically found deceased in his bedroom by his brother. His death is believed to have resulted from self-medicating with Kratom, a substance that, when combined with certain side effects such as deep sleep and vomiting, can be fatal. Nick had long struggled with insomnia. Initially, he turned to over-the-counter medications like NyQuil and Benadryl, but found them ineffective. In search of relief, he purchased an online product marketed as a "Natural Herbal Remedy" intended to help with sleep. Unbeknownst to him, the product contained high concentrations of Kratom. Misled by the product's marketing and the absence of proper warnings, Nick assumed it was safe and began taking it in excessive amounts. Although the autopsy is still pending, Kratom is believed to be a significant contributing factor in his death. Kratom is a plant native to Southeast Asia that has been used for centu- ries as a traditional remedy for various ailments. In its unprocessed, natural form, it is considered relatively mild. However, the Kratom found in many U.S. products is chemically refined to enhance its poten- cy, making it more addictive and dangerous. These products-often sold as pills, powders, or drinks-are far more powerful than the plant in its original state. Despite its widespread availability, Kratom is not approved for any medical use by the U.S. Food and Drug Administration (FDA). In fact, the FDA has warned consumers against using Kratom due to its serious potential side effects, including nausea, aggression, hallu- cinations, respiratory issues, liver damage, and even death. Kratom is already banned in several states, including Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin. Some states impose age restrictions; for example, it is legal only for those over 18 in New Hampshire and over 21 in Tennessee. In New York, regulation is incon- sistent and varies by locality. Suffolk County, for example, banned the sale and distribution of Kratom in 2016. However, the absence of state- wide regulation leaves many New Yorkers vulnerable to the dangers of Kratom, especially when it is misrepresented as safe or natural. To help prevent future tragedies like Nick's, this legislation proposes two key measures. First, all Kratom products sold or distributed within the State of New York must include a prominent warning label that states: "Warning: This product is not approved by the FDA. Side effects may include nausea, aggression, hallucinations, trouble breathing, liver damage, and death." Second, it will prohibit Kratom products from being advertised using terms such as "natural" or "all-natural," since the Kratom used in these products is often chemically altered and no longer in its original form. By implementing these regulations, New York can provide clearer guidance to consumers and reduce the risk of misuse, addiction, and accidental death associated with Kratom.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.