Kratom
Despite consumer interest in kratom products, the lack of clear federal regulation and the FDA’s stance raise concerns for retailers.
The Issue
Kratom is a product derived from the leaves of an evergreen tree found in Southeast Asia that can have opioid like effects on some users but is largely unregulated by the federal government in its natural form. Synthetic forms of Kratom have been subject to federal enforcement action.
Many Kratom based products are available in retail outlets today, including some convenience stores. In December 2025, the FDA warned that Kratom cannot be legally sold in the United States as a drug, food additive or dietary supplement. It is often found on shelves labeled as an herbal supplement. In July 2025, the FDA took the first steps in the process to label the concentrated synthetic form of Kratom, known as 7-OH, as a Schedule I drug. The U.S. Drug Enforcement Administration (DEA) followed up in July 2026 by announcing that they would be temporarily following the scheduling recommendation and making 7-OH a schedule I drug for a period of 2 years with the possibility of making that decision permanent.
Retail Impact
While kratom products remain popular in some consumer segments, the lack of clear federal regulation and dim view of the products taken by the FDA poses potential risk for retailers who choose to market such products.
NACS Position
NACS believes that clear and concise rules should be established by federal regulators to ensure that these products can be safely sold and are properly regulated.
