What We Can’t Say About Kratom (And Why It Matters To You!)

One of our main goals here at Kraken Kratom is to help educate our customers about the products that we stock. In addition to bringing you the highest quality Kratom products possible, we also want to help you understand why this matters so much to us.

Unfortunately, there are a lot of limitations but on what we are allowed to say about Kratom, its effects, and even about the science that is being done in Kratom studies.

Why is it that we are limited? And why should it matter to you?

We’d like to give you some better insight about what we are (and aren’t) allowed to say about Kratom and how that will ultimately affect the experience that you have with Kratom. With your help, we can make a positive change in these restrictions in the years to come!

The Basic Restrictions

When talking about Kratom and how it works, we have to avoid saying anything that makes a specific claim about the effects of Kratom. This means that we cannot say, for example, that Kratom treats depression. Making this type of claim could get us in trouble with the FDA, and we avoid using that kind of language as much as possible.

There is a lot of grey area when it comes to these restrictions. When we talk about the known effects of Kratom, we focus on talking about anecdotal experiences and symptoms that Kratom can help ease.

Why are these restrictions necessary? To understand that, we’ll need to talk about these rules known as health claims and structure-function claims.

Claim One: Health Claims

The first type of claim is known as a health claim. Health claims are the only type of claims that are regulated by the FDA, and they must be pre-approved before they can be included on any packaging or in any marketing campaigns.

So what is a health claim?

A health claim is a claim which states that a specific substance (food, dietary ingredient, etc.) can affect a specific disease or health condition. If a statement contains both of these components (a substance and a disease), it can be legally considered a health claim.

To make health claims about a product when advertising said product, the claim must be regulated and checked out by the FDA.

Here are two examples which can help to clarify how these claims work:

  • • A bottle says that the contained ingredient can help you sleep. This is not a health claim because it does not address any specific medical condition.
  • • A bottle says that the contained ingredient will prevent insomnia. This would be considered a health claim because insomnia is a medical condition.

As you can see, the line between what a health claim is and is not can be very thin, and that makes it complicated for vendors of many different types of products to honestly and accurately market their products in line with the FDA’s rules.

Claim Two: Structure-Function Claims

The other type of claim that exists in the world of supplements and medicine is the structure/function claim.

This is a claim that does the following:

  • • Makes a claim that a specific nutrient or ingredient changes the normal function of the body
  • • Does not mention any specific disease
  • • Does not present itself as a cure
  • • Focuses on improving the body’s overall health

The example from above (an ingredient helps you sleep) could be considered a structure/function claim. A better example would be a bottle of calcium that says, “calcium supports the growth of strong teeth and bones.”

The amount of regulation done by the FDA on structure/function claims is very limited. There is no pre-approval require, and you can use these types of claims as long as you possess considerable evidence to support your claim. Any claims of this type must be reported to the FDA within 30 days of marketing them.

All products that use structure/function claims for advertising will also include a disclaimer which states that the FDA did not regulate the statements. This is legally required; any products without the disclaimer can be pulled by the FDA at any time.

Why Kraken Kratom Can’t Claim Anything

Now that you know more about how claims and the FDA work, you are likely under the impression that we here at Kraken can use structure/function claims to advertise our products.

Unfortunately, that’s not the case.

Both health claims and structure/function claims are not considered to be valid when used in marketing Kratom because the FDA does not yet recognize much of the research that is being done about Kratom. If we were to use either type of claim, we could get into a lot of legal trouble.

Why This Needs To Change

Why do we believe that Kratom companies should be able to more accurately and honestly talk about their products?

Ultimately, we think it would be better for the consumer.

At this time, we have to be careful about how much we explain effects, benefits, servings, risks, and so much more because making statements on many of these issues could lead us into a legal disaster zone. Instead, we keep things relatively vague and only provide details in specific areas.

How is that fair to the consumer? And how are products that the consumer is being sold being marketed to them if there’s so much that must be left unsaid?

Ultimately, the limitation of the language surrounding the power of Kratom is hurting everyone involved. We think it’s time for that to change.

The Future of Kratom Marketing

We are at a really interesting point of history in regards to Kratom and how it is perceived. There is a lot of legislation being passed to protect Kratom consumers, and programs like the GMP compliance program are working to regulate and educate Kratom vendors.

As we move forward with Kratom marketing, we hope that more clear guidelines about language, Kratom quality, and consumer education are brought into this world.

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