Last year, the FDA had already said that if kratom is added to food, it is considered adulteration of food. It also cannot be a dietary supplement.
https://www.fda.gov/news-events/public-health-focus/fda-and-...
I’m not fully cognizant of the interaction between FDA and DEA, but I would’ve thought that following FDA’s announcement last year, kratom had already been outlawed.
> I would’ve thought that following FDA’s announcement last year, kratom had already been outlawed.
The FDA can say you can't sell it as a supplement or food. But they can't stop you from possessing it or selling it as a chemical.
When the DEA schedules it, it is illegal to possess or sell in any capacity.