SALT LAKE CITY — A state senator said he will pursue legislation to ban kratom entirely in Utah after state officials tied a recent death to a mislabeled product that investigators say contained kratom alkaloids.
Lawmaker cites death as reason to move toward prohibition
Sen. Mike McKell, R-Spanish Fork, told FOX 13 News he has reopened a bill file that would make possession and sale of pure-leaf kratom illegal. McKell said the fatality and other severe health incidents stemming from an illicit product strengthen his conviction that the substance poses too great a public risk.
"I look at this recent death. Literally somebody in the state of Utah had a product that was labeled something entirely different. Died in the state of Utah. I think my colleagues are really concerned with kratom and the concern only grows."
State agriculture officials and the Utah Poison Control Center issued an advisory after encountering a product marketed as "Buzzers Cat's Claw" tablets that they say was illegally sold and found to contain kratom alkaloids. The agencies reported the one death and several severe health events connected to the items.
What Utah has already restricted this year
Earlier in the year, the Utah State Legislature enacted near-total restrictions on kratom, leaving a narrow exemption for pure-leaf kratom. That compromise followed competing proposals ranging from strict regulation to complete bans and came amid robust public testimony from people who described medical or dependency benefits as well as from those warning about harms.
- Current law: Kratom products banned except for pure-leaf kratom.
- Possible change: McKell seeks to remove the pure-leaf exemption, effectively banning all kratom.
- Public safety action: State agencies have warned consumers about mislabeled, illicit products linked to serious incidents.
The new push comes as litigation over the state's near-total ban remains unresolved. A lawsuit filed by Botanic Tonics, a kratom manufacturer identified as the lead plaintiff, challenges the law. Court records obtained by FOX 13 News indicate the litigation is on hold while the state and the company pursue settlement discussions.
Legal and public-health stakes
The dispute over kratom pits advocates who say the botanical helps them manage pain or opioid withdrawal against public-health officials and some lawmakers who point to growing evidence of harm, especially when products are adulterated or sold illegally. The recent report of a death associated with a mislabeled product underscores concerns about the difficulty of ensuring product safety in the marketplace.
| Item | Status |
|---|---|
| Legislative ban (majority) | Enacted earlier this year (exemption for pure-leaf) |
| Pure-leaf exemption | Currently allowed; targeted for repeal by McKell |
| Lawsuit by Botanic Tonics | Litigation paused for settlement talks |
| State advisory | Warning issued about mislabeled product linked to death |
Officials have not released detailed toxicology results to the public in this case, and the investigation’s full findings have not been made available. The state Department of Agriculture & Food and the Utah Poison Control Center provided the warning to alert consumers and retailers to the discovery of products that do not meet legal or safety standards.
Community reaction and next steps
McKell’s announcement is likely to reignite debate at the State Capitol over whether Utah should move to an outright ban. Lawmakers will weigh the public-safety concerns cited by state agencies against testimony from residents who say kratom has provided therapeutic benefits where other treatments failed.
With litigation paused, settlement discussions could influence what, if any, legal pathway remains available for manufacturers and vendors of kratom products. Any new bill to fully prohibit pure-leaf kratom would face committee hearings, public testimony and possible legal challenges from industry groups or consumers.
As the state considers next steps, health officials are urging caution: avoid purchasing products from unverified sources, and seek medical attention immediately if you or someone else experiences severe symptoms after taking a supplement or herbal product.
Sen. McKell’s proposal and the agencies’ warnings mark a pivotal moment in Utah’s evolving policy on kratom, with potential consequences for consumers, retailers and manufacturers across the state.
