Missouri’s largest distributor of kratom products has agreed to stop selling the controversial substances in the state, marking a significant victory for Attorney General Catherine Hanaway and potentially signaling a tougher approach to regulating psychoactive products in Missouri.
The Missouri Independent reported that Kansas City-based CBD American Shaman has agreed to immediately suspend all Missouri sales of kratom and 7-OH products as part of a settlement that ends litigation brought by Hanaway earlier this year.
The agreement follows a closely watched legal dispute that South County Mail previously reported on, when a Jackson County judge declined to immediately halt sales while the case proceeded through the courts.
Hanaway sued American Shaman in March, focusing particularly on products containing 7-hydroxymitragynine, commonly known as 7-OH, a concentrated kratom-derived compound that her office argued should be treated as an illegal opioid product.
“We stepped in to shut down deceptive tactics that put public health in danger,” Hanaway said in a press release Thursday. “This resolution protects consumers by taking these products off Missouri shelves. Retailers who use free samples and misleading marketing to hook consumers, especially those struggling with addiction, will face swift enforcement.”
Under the agreement, American Shaman will stop selling all kratom products to Missouri consumers, both in stores and online. The company must also discontinue Missouri-targeted advertising, including billboards, and implement measures within 30 days to prevent retail sales within the state.
If the company violates the agreement, it could face an agreed penalty of $5 million.
The settlement represents a dramatic turn in a case that only weeks ago appeared far from resolved.
In May, Jackson County Circuit Judge Charles McKenzie rejected Hanaway’s request for an emergency restraining order, noting there were “competing affidavits” from experts on both sides of the dispute.
“The court cannot find, based on the oral argument of the parties, the respective competing affidavits presented and the pleadings, whether the plaintiff is likely to succeed on the merits at this juncture in the proceedings in order for the court to grant relief in the form of a temporary restraining order,” McKenzie’s order stated.
The state’s case relied partly on testimony from an undercover Missouri State Highway Patrol narcotics officer who claimed 7-OH products were being used to cut fentanyl, along with testimony from a woman whose brother died from a kratom overdose.
State officials also cited an FDA report describing 7-OH as “a potent opioid that poses an emerging public health threat” and Missouri health data indicating synthetic 7-OH was involved in at least 197 deaths.
American Shaman mounted a vigorous defense. The company submitted statements from five toxicology and addiction experts who argued there was insufficient evidence to conclude that kratom and 7-OH products represented a significant public-health threat. One expert reportedly said she had never heard of 7-OH being used to cut fentanyl.
Company founder Vince Sanders previously argued there was strong consumer demand for the products, particularly among people seeking alternatives for pain management.
“American Shaman has invested millions of dollars into research, safety and science,” Sanders said, “and will continue to do so, because we believe so strongly in the product.”
The dispute highlights a broader debate taking place across the United States over how states should regulate substances that occupy a legal gray area.
Missouri has taken a relatively permissive approach toward some previously prohibited substances in recent years, most notably through the legalization of recreational marijuana. Kratom, meanwhile, remains legal in many parts of the country while facing restrictions or outright bans in others.
Supporters argue kratom can help manage pain and reduce dependence on more dangerous opioids. Critics contend that highly concentrated extracts such as 7-OH carry addiction risks that are not yet fully understood.
Hanaway’s office has indicated that additional enforcement actions could follow. The attorney general filed a similar lawsuit last month against another company, Relax Relief Rejuvenate Trading LLC, and its owners. That case remains under way.
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