- A kratom manufacturer sued seeking to block Utah's law limiting sale of the compound from taking effect.
- Botanic Tonics LLC said the restrictions would prevent it and other companies from selling products in more than 300 Utah locations.
- Sen. Mike McKell defends the law, citing kratom's potency and potential addiction risks.
SALT LAKE CITY — An Oklahoma-based kratom manufacturer is suing over Utah's new law limiting sales of the compound, saying it could cost the company more than $10 million when it takes effect next month.
Botanic Tonics LLC manufacturers, distributes and sells a dietary supplement made of kratom and noble kava root known as "feel free," according to a lawsuit filed in federal court on March 31. The company said SB45, which lawmakers passed in the recent legislative session, would prohibit it and three other companies from selling products at more than 300 retail locations statewide.
"Immediate projected losses to plaintiffs due to the statute's ban on combination kratom dietary supplements exceed $10,704,428," the complaints states. "To comply with the statute, plaintiffs have notified their direct to store distributors that all kratom leaf products combined with any other ingredient must be removed from store shelves and not made available for sale as of May 6, 2026, unless action is taken by this court to enjoin implementation of the statute."
It went on to say that the law "denies access to such products for which there is clinical trial data establishing that they do not present a significant or unreasonable risk of illness or injury."
The lawsuit was filed against Utah Attorney General Derek Brown and several state officials: Kelly Pherson, commissioner of the Utah Department of Agriculture and Food; Amber Brown, deputy commissioner of the Utah Department of Agriculture and Food; and Bradon Forsyth, director of the Utah Specialized Product Division.
Botanic Tonics filed the suit in conjunction with the Kratom Coalition Inc., asking a judge to declare Utah's limits on kratom sales unconstitutional and block the state from enforcing it through a preliminary injunction. The company sued Utah's Department of Agriculture and Food in a separate state court last year, but that complaint was eventually dismissed.
Kratom comes from a tropical tree and is used by some people for pain management. Kratom products have been sold in retail shops and include powders, gummies, teas and energy drinks.
The substance has been called "gas station heroin" because it can act on the same receptors in the brain that opioids do. Synthetic products derived from kratom can lead to overdose.
SB45 takes effect May 6 and will only allow for the sale of pure leaf kratom in Utah, and only in smoke shops and similar stores. It also gives manufacturers one year to stop producing anything other than pure kratom leaf in the state.
The bill's sponsor, Sen. Mike McKell, R-Spanish Fork, said the law was meant to protect Utahns from the product. He said based on an informal poll he took of gas station clerks, "feel free" is one of the most popular kratom products sold in Utah, and called the product "extremely potent, extremely addictive."
"I'm not worried about it being struck down," he said of the law. "And the lawsuit doesn't surprise me. This company has been very aggressive. They've sued the state in the past. Ultimately that case was dismissed, but I am confident in our case."
