Why Is Kratom Still Entering the U.S. Despite and FDA Import Alert?

Kratom is a controversial and unregulated substance, continues to enter the U.S. despite FDA import Alert 54-15 which authorizes authorities to detain shipments at the border. Many assume this alert should prevent Kratom imports entirely, but the reality is more complicated.

Despite documented deaths and public health warnings, Kratom is still sold online and in smoke shops under misleading claims. Understanding how and why this happens is crucial to closing the loopholes that allow Kratom to flood the market.

Understanding Import Alert 54-15

In 2014, the FDA issued Import Alert 54-15, giving U.S. Customs and Border Protection (CBP) the power to detain Kratom shipments without physical examination. The agency determined that Kratom:

✅ Is an unapproved drug with no recognized medical use

✅ Contains addictive alkaloids similar to opioids

✅ Has been linked to serious health risks and fatalities

This alert is supposed to prevent Kratom from entering the U.S. by stopping shipments at ports and borders. However, enforcement is not airtight, and Kratom continues to make its way into the country.

How Kratom Continues to Enter the U.S.

1.Limited Enforcement at Ports

The FDA and CBP do not inspect every shipment that enters the U.S. Due to limited resources, only a fraction of imports are examined, allowing Kratom to slip through undetected.

Even when Kratom is identified, backlogged ports and overwhelmed enforcement agencies sometimes prioritize other contraband, leaving Kratom shipments to pass unchallenged.

2. Smuggling & Mislabeling Tactics

Many Kratom suppliers use deceptive shipping methods to evade detection. Some common tactics include:

🔸 Mislabeling the product – Kratom is falsely declared as “tea extract,” “herbal powder,” or “botanical supplement.”

🔸 Blending Kratom with other substances – Some shipments mix Kratom with other herbal products to avoid scrutiny.

🔸 Shipping in small batches – Instead of large shipments, suppliers send Kratom in smaller quantities that are harder to detect.

Once inside the country, these shipments are repackaged and sold without proper regulation or oversight.

3. Legal Loopholes & Importer Challenges

Even when Kratom shipments are detained, importers fight back using legal loopholes. Some argue that:

• The FDA does not have the authority to ban Kratom outright.

• Their product is not intended for human consumption (a common tactic to bypass FDA drug regulations).

• Kratom is a “natural supplement” and should not be restricted under food and drug laws.

Some companies successfully win legal battles, forcing authorities to release shipments back into circulation.

4. State-Level Inconsistencies

While the FDA opposes Kratom, some states allow its sale or have weak regulations. This creates confusion in enforcement, making it difficult to block imports entirely.

For example:

✅ Some states have banned Kratom outright (e.g., Alabama, Indiana, Wisconsin)

⚠️ Others have regulated it under state Kratom Consumer Protection Acts (KCPAs)

❌ Many states have no laws at all, allowing Kratom to be sold freely

This patchwork of regulations means that even if Kratom is detained at the federal level, some states allow it to be legally distributed.

5. International Supply Chains & Online Sales

Kratom is primarily grown in Southeast Asia (Thailand, Indonesia, Malaysia, and Myanmar), where regulations on its production are weak or nonexistent.

• Indonesia is the largest exporter of Kratom, producing tons of unregulated powder for U.S. markets.

• Some Kratom is shipped through third-party countries to disguise its origin before reaching the U.S.

• Many vendors sell directly to consumers online, bypassing retail regulations and making it difficult for authorities to track sales.

Once Kratom arrives in the U.S., it is repackaged under various brand names and sold online or in gas stations, vape shops, and convenience stores—often with no warning labels and misleading marketing claims.

Health Risks of Kratom

The continued entry of Kratom into the U.S. is particularly dangerous because it is often marketed as safe despite significant health risks, including:

• Addiction & Withdrawal – Kratom acts on opioid receptors, leading to dependence and withdrawal symptoms similar to heroin or prescription opioids.

• Overdose & Fatalities – Kratom-related deaths have been documented, often due to high doses or interactions with other substances.

• Heart & Liver Damage – Long-term use has been linked to heart issues, seizures, and liver toxicity.

• Contaminated Products – Some Kratom powders contain heavy metals, salmonella, and even opioids, making them even more hazardous.

Despite these risks, Kratom companies falsely advertise it as a “natural pain reliever” or “safe alternative to opioids,” misleading consumers into thinking it is harmless.

What Needs to Change?

Import Alert 54-15 is not enough to stop Kratom from flooding the U.S. To truly combat this issue, stronger federal action is needed, including:

1. Classifying Kratom as a Controlled Substance

If Kratom were placed on the DEA’s Schedule I list, it would give law enforcement full authority to block all imports and prosecute illegal distribution.

2. Increasing Enforcement & Border Inspections

More funding and resources for the FDA and CBP could strengthen enforcement and crack down on mislabeled shipments.

3. Criminal Penalties for False Labeling

Holding importers legally accountable for deceptive shipping practices could reduce illegal imports and force companies to comply with regulations.

4. National Awareness & Public Warnings

Many people are unaware of Kratom’s dangers, believing it is a “natural” supplement. A nationwide public health campaign could help educate consumers and reduce demand.

5. State & Federal Coordination

Stronger collaboration between state and federal agencies could help eliminate inconsistencies and prevent Kratom from being distributed through legal loopholes.

The Bottom Line

Despite FDA Import Alert 54-15, Kratom continues to pour into the U.S. due to weak enforcement, deceptive marketing, and legal loopholes. Until stronger laws are in place to fully ban Kratom, dangerous shipments will continue to reach American consumers—often with deadly consequences.

It’s time for federal action to close the gaps and protect public health before more lives are lost.

Joseph’s Mom

Forever 38