New York’s Kratom Regulation: Key Changes and Consumer Protections

On December 22, 2025, Governor Kathy Hochul signed two major bills regulating the sale of kratom, a psychoactive substance that had previously been sold in New York without age restrictions or product warnings. The legislation follows the death of a New York resident and aims to improve consumer protections, particularly for youth and individuals at risk of dependency.

Key Provisions of the New Laws

1. Age Restriction (S4552A / A2340A)
Kratom products may only be sold to individuals age 21 and older. Selling to minors is now prohibited statewide.

2. Warning Labels & Marketing Regulations (S8285 / A5852A)
Manufacturers and sellers must include a clear warning label stating that kratom is not approved by the FDA and may cause side effects, including dependency.
The law also bans marketing or packaging that describes kratom as “all-natural,” as many products are processed or enhanced during manufacturing.

3. Penalties for Noncompliance
Violations—such as selling to minors or failing to include the required warnings—can result in civil penalties up to $500 for the first offense and up to $1,000 for subsequent offenses.

4. Implementation Timeline
The laws took effect immediately upon signing in late 2025. Full enforcement of the new labeling requirements will phase in over the coming year.

Related Legislation Still Under Consideration

Several additional bills before the New York State Legislature may further impact kratom regulation:

S8136 / A8693 (Kratom Consumer Protection Act):
Supported by the American Kratom Association, this proposal would establish stricter manufacturing standards, require third-party lab testing for contaminants, and set limits on 7-hydroxymitragynine concentrations.
S7379 / A4034 (Proposed Ban):
These bills seek to classify kratom as a Schedule I controlled substance, which would effectively ban its sale and possession in New York. You can read the current text of S7379 on the New York State Senate website.

Background

Before these statewide measures, Suffolk County had already banned kratom sales to minors. New York now joins other states that have opted to regulate rather than completely prohibit kratom, reflecting a national trend toward consumer protection over outright criminalization.