CDPH Issues Stark Warning: Kratom and 7-OH Products Deemed Dangerous and Illegal in California, Merchants Face Enforcement

CDPH Issues Stark Warning: Kratom and 7-OH Products Deemed Dangerous and Illegal in California, Merchants Face Enforcement

Sacramento, CA – January 19, 2026 – The California Department of Public Health (CDPH) has issued a critical statewide advisory, sending a clear and unequivocal warning to retailers and the public regarding the severe dangers and illegality of "Kratom-derived Products and 7-OH" (7-hydroxymitragynine). This move signals intensified regulatory scrutiny and potential enforcement actions for merchants operating within California.

What Happened: CDPH Declares Products Illegal and Dangerous

In a series of advisories and communications, the CDPH has explicitly stated that products containing kratom and 7-OH are dangerous and unlawful to sell or manufacture for consumption in California. The department highlights that these substances pose significant health risks, including addiction, serious harm, overdose, and even death. Alarmingly, six fatal overdoses in Los Angeles County have been recently linked to 7-OH, a potent opioid product derived from the kratom plant.

The CDPH underscores that neither kratom nor 7-OH has been approved by the U.S. Food and Drug Administration (FDA) as a food product, dietary supplement, or drug. Consequently, any products containing these substances sold for consumption are considered "adulterated" and illegal under both federal and California's Sherman Food, Drug and Cosmetic Act. To date, CDPH investigators have seized over $5 million worth of these illicit products.

Why This Matters: Broad Implications for Merchants and Consumers

This warning carries substantial weight for both kratom merchants and consumers. For merchants in California, the message is unambiguous: the sale of kratom and 7-OH products for consumption is illegal, and the state is actively pursuing enforcement. The CDPH is collaborating with other regulatory bodies, including the California Department of Alcoholic Beverage Control (ABC) and the California Department of Tax and Fee Administration (CDTFA), to educate retailers and implement enforcement measures. The ABC, for instance, has already issued its own warning to licensees, indicating that non-compliance could lead to administrative disciplinary action, including license suspension or revocation.

For consumers, the warning is a critical alert about the unproven safety and potential lethality of these products. Despite being frequently marketed as "natural remedies" or "safer alternatives" for conditions like pain or anxiety, CDPH emphasizes they have not been tested for safety, consistency, or effectiveness, and accurate labeling is often absent. The risks are particularly high when combined with other substances such as prescription medications, alcohol, or street drugs.

Compliance Implications for the Kratom Industry

The CDPH's actions reinforce the long-standing federal position that kratom and its derivatives are not recognized as legal dietary supplements or food additives. This creates a challenging and high-risk environment for businesses engaged in the kratom trade, especially those operating in states like California that are taking aggressive enforcement stances.

The core compliance implication is a strict prohibition on the sale of kratom and 7-OH for consumption in California. This extends beyond merely avoiding health claims to the fundamental illegality of the product category itself within the state's jurisdiction.

What High-Risk Merchants Need to Know About COAs, Lab Testing, and Regulatory Compliance

For high-risk merchants navigating the complex kratom landscape, this CDPH warning serves as a stark reminder:

1. Legality Trumps Testing: While Certificates of Analysis (COAs) from ISO-accredited labs are vital for demonstrating product purity, potency, and absence of contaminants (e.g., heavy metals, pesticides, microbiology) in jurisdictions where kratom is legal, they offer no protection where the product itself is deemed unlawful for consumption. In California, the CDPH's stance renders any such product "adulterated" regardless of its individual lab results.
2. "Derived Products" are Targeted: The warning specifically includes "Kratom-derived Products and 7-OH." This indicates that even highly refined or extracted forms, particularly those concentrating 7-OH, are under intense scrutiny and deemed illegal. Merchants should be wary of any product that isolates or concentrates specific alkaloids without clear regulatory approval.
3. Jurisdictional Awareness is Paramount: Merchants must maintain a thorough understanding of kratom's legal status in every state and locality where they operate or ship products. What may be permissible in one area could lead to seizures, fines, and legal action in another, as demonstrated by California's proactive enforcement.
4. No Approved Marketing Claims: The CDPH reiterates that claims regarding kratom's ability to treat pain, anxiety, or opioid withdrawal are unproven. Merchants should strictly avoid making any therapeutic or medicinal claims for kratom products to prevent accusations of misbranding or selling unapproved drugs.
5. Remove Illicit Products Immediately: Any retailer in California currently stocking kratom or 7-OH products for consumption should immediately cease sales and remove them from shelves to avoid legal action.

The CDPH's resolute action underscores a growing trend of state-level enforcement against kratom, particularly concerning highly concentrated derivatives like 7-OH. For all kratom merchants, proactive compliance, rigorous adherence to all applicable laws, and a deep understanding of product legality in each market are not merely best practices but essential for survival.