Missouri Attorney General Sues American Shaman Over Kratom and 7-OH Products, Signaling Heightened Scrutiny

Missouri Attorney General Sues American Shaman Over Kratom and 7-OH Products, Signaling Heightened Scrutiny

Jefferson City, MO – The Missouri Attorney General has filed a lawsuit against American Shaman, seeking to halt the sale of its kratom and 7-hydroxymitragynine (7-OH) products. This legal action, announced on March 31, 2026, marks a significant escalation in regulatory pressure on the kratom industry, particularly concerning products containing isolated or enhanced alkaloids. The lawsuit follows an extensive investigation that began with Civil Investigative Demands (CIDs) issued in November 2025 to several kratom manufacturers and retailers, including CBD American Shaman, over concerns about potentially dangerous and illegally marketed products.

What Happened

Missouri Attorney General Catherine Hanaway initiated the lawsuit against American Shaman, alleging that the company has engaged in unlawful practices related to the sale of kratom and 7-OH products. The investigation leading to this lawsuit focused on whether companies were making false claims, selling unapproved "new drugs," and failing to adequately disclose product contents and safety information. Specifically, the Attorney General's office expressed concerns that consumers were being sold "drug-like substances under the guise of harmless supplements, with no FDA approval, no safety testing, and in some cases no meaningful disclosure of what these products actually contain." The CIDs issued earlier had specifically inquired about products containing added or isolated 7-OH beyond naturally occurring levels in the Mitragyna speciosa plant.

Why It Matters to Kratom Merchants and Consumers

This lawsuit holds substantial implications for the entire kratom industry. For merchants, it signals an intensified regulatory environment, particularly regarding products that deviate from traditional kratom leaf by isolating or concentrating alkaloids like 7-OH. The Attorney General's stance highlights a growing concern among state regulators about the safety, marketing, and classification of kratom products, viewing them as potentially "unapproved, unsafe, and deceptively marketed opioid-like drugs."

Consumers may face reduced access to certain kratom products if such legal actions become more widespread or successful. Furthermore, the focus on deceptive marketing and safety testing underscores the importance of transparency and accurate information for consumer protection. The outcome of this case could set a precedent for how kratom and its derivatives are regulated and sold in Missouri and potentially influence actions in other states.

Compliance Implications

The core of the Attorney General's argument appears to rest on two main pillars: consumer protection laws (specifically the Missouri Merchandising Practices Act, MMPA) and "new drug" provisions under both state and federal law. The lawsuit alleges deception, fraud, false promises, and misrepresentation in marketing, particularly regarding claims of non-addiction or non-intoxication for products that the AG considers dangerous and addictive.

The "new drug" argument is particularly critical. Regulators contend that products, especially those with isolated 7-OH or high concentrations, are being sold as unapproved new drugs, bypassing the rigorous testing and approval processes required by the FDA. This classification could subject kratom products to stringent pharmaceutical regulations, effectively banning their sale as dietary supplements.

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

For high-risk kratom merchants, this lawsuit is a stark reminder of the critical need for robust compliance measures:

1. Comprehensive Certificates of Analysis (COAs): Merchants must obtain and make available detailed COAs from accredited third-party laboratories for every batch of product. These COAs should not only test for contaminants (heavy metals, pesticides, microbes) but also provide a full alkaloid profile, with precise quantification of mitragynine and, crucially, 7-hydroxymitragynine. The lawsuit's focus on "added or isolated 7-OH" means merchants must be able to demonstrate that their products' 7-OH levels are naturally occurring or clearly disclosed if enhanced.
2. Transparent and Accurate Labeling: All product labels must be truthful, clear, and avoid any unsubstantiated health claims. Marketing materials should steer clear of therapeutic, medicinal, or addiction-treatment claims. Given the AG's concerns, avoiding any implication that products are "non-addictive" or "non-intoxicating" is paramount.
3. "New Drug" Avoidance: Merchants should understand the implications of the "new drug" classification. Products containing isolated or significantly concentrated alkaloids, especially 7-OH, are at higher risk of being deemed unapproved new drugs. Sticking to traditional kratom leaf and extracts that reflect the plant's natural composition may help mitigate this risk.
4. State-Specific Regulations: While Missouri does not currently have a Kratom Consumer Protection Act (KCPA) in place, this lawsuit underscores the need for merchants to stay informed about evolving state and local regulations. Proactive engagement with legislative efforts, such as the KCPA, can help establish clear industry standards and potentially prevent future legal challenges.

The Missouri Attorney General's lawsuit against American Shaman serves as a potent warning. It highlights the imperative for kratom merchants to prioritize rigorous product testing, transparent labeling, and strict adherence to all applicable consumer protection and drug laws to navigate an increasingly scrutinized regulatory landscape.