FDA FORCED TO ADMIT IN FEDERAL COURT IT CANNOT PROVE THAT KRATOM IS DANGEROUS

In a stunning disclosure in the United States District Court for the Southern District of California where a Federal Judge ordered the FDA to testify under oath to justify their claims that kratom is dangerous, the Department of Justice has reported to the Judge that the FDA has REFUSED to obey the Order because “they ["FDA"] have not made a determination regarding whether kratom is dangerous.” (see Case 3:23-cr-00179-TWR Filed 12/06/23 Page ID.1032 Exhibit 6; United States of America, Plaintiff, v. Nine2Five, LLC (1) Sebastian Guthery (2), Defendants)

Here is a copy of the email where the Assistant US Attorney informed the Court that the FDA “refused” to provide documents or witnesses in a Hearing ordered by the Judge on January 11, 2024, for the FDA to show why kratom is dangerous.

The AKA has consistently challenged the numerous statements made by the FDA that kratom is a dangerous substance, but the FDA always doubled down using its bully pulpit claiming to be the protector of all consumers. Nothing crystallizes more the FDA’s persistent lies about the dangers of kratom than the scheduling recommendation that was published in the Federal Register on August 31, 2016.

Now, when a Federal Judge orders the FDA to testify under oath about their position that kratom is dangerous, the FDA REFUSES to show up with witnesses or documents.

The Department of Justice is desperately trying to distance themselves from the FDA and is now asking the Judge to allow them to offer “independent” experts on the dangers of kratom. The FDA has hung the Department of Justice out to dry in this case because the only reason the indictment was issued in the first place was because of the FDA’s claim kratom was dangerous.

That is why the FDA issued its first Import Alert on kratom more than 10 years ago..

In this case, the defendant’s attorney has appealed to the Judge to compel the FDA to appear and provide documents. Here is a link to that motion:

https://www.dropbox.com/scl/fi/k3gag2eqb142hzg8tqdqv/Filed-Motion-for-subpoena-w-exhihibits.pdf?rlkey=69jgqcxsndl104m2cz1d267yf&dl=0

This will have a monumental impact on federal and state policies on kratom going forward. 

We will keep you posted as this case proceeds, and let you know if the scheduled January 11, 2024, Hearing actually takes place.

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