New York Assembly Bill A05852

New York 2025-2026 Regular Session

• Introduced: 2/24/25
• Refer: 2/24/25
• Report Pass: 5/19/25
• Refer: 5/19/25
• Report Pass: 5/28/25
• Refer: 5/28/25
• Report Pass: 6/4/25
• Engrossed: 6/4/25
• Refer: 6/4/25
• Engrossed: 6/12/25

Caption

Requires manufacturers of kratom products within the state to have a warning label that the product has not been approved by the federal food and drug administration and the products' side effects; prohibits labeling of kratom products as all natural.

Impact

If passed, A05852 would amend the General Business Law in New York to introduce specific labeling requirements that emphasize consumer safety when it comes to kratom products. By mandating that all manufacturers include warning labels, the bill seeks to inform consumers about the hazards associated with kratom consumption, as well as to curtail misleading marketing practices. Additionally, the bill disallows manufacturers from labeling their products as 'all natural' unless they meet specific processing standards, potentially impacting how kratom suppliers present their products to consumers.

Summary

Bill A05852 aims to regulate the sale and marketing of kratom products in New York State by establishing mandatory labeling requirements for manufacturers. The bill stipulates that all packages of kratom products sold within the state must include a clear warning notifying consumers that the product has not received approval from the federal Food and Drug Administration (FDA) and outlining potential side effects such as nausea, hallucinations, and liver damage. This legislative effort reflects an increasing concern regarding the safety and regulation of various herbal supplements, particularly kratom, which has been controversial due to its psychoactive properties and health risks.

Contention

The primary points of contention regarding A05852 revolve around the implications of imposing stricter regulations on kratom sales. Proponents argue that the bill is necessary to protect public health and ensure that consumers are adequately informed about the risks associated with kratom. Conversely, some stakeholders may view the legislation as overly restrictive, arguing it could adversely affect small businesses that specialize in kratom products by imposing additional compliance costs. The debate touches on broader themes of consumer rights, health regulation, and the role of government oversight in the market for herbal supplements.