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An Oklahoma-based maker of products containing the supplement kratom is suing Utah over the Legislature’s attempts to ban certain types of the product.

Kratom, an extract from a plant that grows in Southeast Asia, has been turned into a tea and used to treat pain or boost energy. It is not an opioid, but acts on the same receptors and can be used to ease opioid withdrawal.

But due to concerns of its addictive nature and roughly 200 deaths of kratom users in the state — the vast majority of them along with other substances — lawmakers sought to ban concentrated versions of what Sen. Mike McKell, R-Spanish Fork, referred to as “gas station heroin.”

Under the new law, leaf kratom, the raw product of the plant, can be sold in licensed smoke and vape shops. Concentrated kratom extracts are banned, as are products that contain kratom along with other substances.

That last provision is what gave rise to the lawsuit filed this week by Botanic Tonics, a company that manufactures a product called Feel Free, which contains a mixture of kratom and kava. The latter is a plant extract used in some instances as an alternative to alcohol due to its calming effects.

The law doesn’t take effect until May 6, but attorneys for Botanic Tonics say its products will have to be pulled from shelves in 321 stores in Utah and will cost the company more than $10 million in lost business and future business prospects.

Lawyers for Botanic Tonics and the Global Kratom Coalition, a kratom trade group, argue Congress has established a regulatory framework for dietary supplements — including the 1994 Dietary Supplement Health and Education Act, sponsored by then-Sen. Orrin Hatch — that forbids states from imposing their own restrictions.

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https://www.sltrib.com/news/politics/2026/04/04/kratom-manufacturer-sues-utah-over/