FDA tells Federal Court it has “not yet determined if kratom is dangerous.”
Judge forces the FDA to admit its evidence and data on kratom does not support multiple past and current claims the Agency has made about kratom being dangerous.
The FDA has repeatedly made claims over the past 12 years that kratom is a dangerous substance that should be classified as a Schedule I substance under the federal Controlled Substances Act (“CSA”). Yet, when called by a Federal Judge to present witnesses and testimony under oath in a case in the Southern District of California at a Hearing on February 8, 2024, on whether kratom is dangerous, the FDA refused to attend the Hearing or even provide under oath any documents or testimony to the Court.
The explanation provided by the U.S. Attorney to the Court explaining the FDA’s decision stated the following:
"They [FDA] have refused to provide us with witnesses or documents to support our position . . . The reason they gave was that they have not yet made a determination regarding whether kratom is dangerous.”