JEFFERSON CITY, Missouri, June 17 (STL.News) – Attorney General Catherine Hanaway has secured legal settlements with two major distributors to halt the sale of highly concentrated kratom products, specifically the compound 7-hydroxymitragynine, also known as 7-OH, across the state. This enforcement action effectively removes the controversial, chemically synthesized compounds from local retail shelves after state lawmakers failed to pass regulatory legislation during the recent spring session.
The settlements target Kansas City-based CBD American Shaman, described by the state as the largest distributor of 7-OH in Missouri, and the wholesale company Relax Relief Rejuvenate Trading LLC. According to the office of the attorney general, these agreements force an immediate cessation of all in-state sales, shipments, and distribution of 7-OH and related alkaloids.
Terms of the Settlement Agreements
The agreements place strict limitations on the operations of the involved companies within Missouri. Under the terms, the entities are prohibited from selling, shipping, or facilitating the delivery of 7-OH, as well as related compounds such as mitragynine, mitragynine pseudoindoxyl, and paynantheine, to any Missouri-based retail stores or individual consumers.
Furthermore, the companies must ensure that any products sold to out-of-state distributors remain outside of the Missouri market. These contracts are designed to prevent the re-entry of the products into the state. Failure to comply with these terms or any breach of the agreement could result in an immediate court order to stop operations, with the attorney general’s office reserving the right to invoke a $5 million penalty against the businesses.
Conflicting Views on Public Health
The legal action follows months of debate regarding the classification of 7-OH. Attorney General Hanaway has consistently characterized the product as a significant danger to the public. During the legal proceedings, her office cited an FDA report identifying the compound as a potent opioid that presents an emerging public health threat.
“This resolution is a win for Missouri families,” Hanaway said in a news release. “7-OH is a dangerous opioid that is infecting our communities.”
While the state highlighted data linking kratom to 197 deaths in Missouri, officials acknowledged that current health data does not specifically isolate 7-OH as the cause of these fatalities. The state’s petition also criticized marketing materials from distributors that claimed the substance could not be overdosed upon or that it was a safer alternative to pharmaceutical pain killers, labeling such claims as false.
In response to the litigation, distributors maintained that 7-OH, when used at proper dosages, offers a potential alternative for individuals managing chronic pain or those struggling with traditional opioid addictions. Dustin Robinson, a majority owner of Relax Relief Rejuvenate Trading, argued that the industry was being unfairly targeted, noting that his company provided specific warning labels on their products regarding potential interactions with other substances.
Industry Challenges and Legal Strategy
Despite his belief in the potential utility of the product, Robinson stated that the company chose to settle to avoid the high costs of continued litigation. He also expressed concern that a negative ruling in a Missouri court could establish a legal precedent that other state attorneys general across the country might adopt to initiate their own bans.
The debate over 7-OH is distinct from the market for traditional kratom, which is typically derived from crushed leaves. The 7-OH products targeted by these settlements are created through chemical oxidation, resulting in high concentrations of the compound. While the legislature debated the future of these products throughout the spring, the lack of consensus ultimately led to the use of consumer protection litigation as a tool for enforcement.
