WASHINGTON, DC – On Tuesday in Kansas City, Missouri, agents of the Department of Justice, U.S. Marshals Service, and Food and Drug Administration conducted a raid and seizure of more than 73,000 units of kratom derivative products like 7-hydroxymitragynine (7-OH) at private warehouses.
The supervising U.S. Attorney on scene claimed all 7-OH products are “illegal under federal law,” and thus subject to seizure.
On July 29, 2025, the FDA recommended a scheduling action to control certain 7-OH products under the Controlled Substances Act (CSA), but that recommendation remains pending at the Drug Enforcement Agency as of today, December 4th, 2025.
YAËL OSSOWSKI, Deputy Director at the Consumer Choice Center, responded:
“As of this moment, 7-OH products are not illegal under federal law and are currently awaiting a deliberative and participatory scheduling process mandated by law to collect comments, testimony, and expertise from scientists, citizens, and all concerned stakeholders,” said Ossowski.
In a letter sent to the Senate Judiciary Committee, which has oversight over the DOJ, the Consumer Choice Center reiterated the oversight capacity of these agencies and the legal commitment to the formal scheduling process, and asked for a reasonable regulatory regime that would uphold the rule of law and protect children.
“Rather than permitting a policy of “ban first, ask questions later,” Congress should exercise its full authority to pursue a regulatory framework that prioritizes consumer protections for 7-OH products. Otherwise, federal agencies will continue to subvert the legal process mandated by the Controlled Substances Act,” concluded Ossowski.
Last month, the Consumer Choice Center led a coalition of consumer advocacy groups, free market organizations, drug policy reformists, and public policy advocates to express strong opposition to federal efforts to prohibit and practically outlaw kratom derivative products like 7-OH.
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The Consumer Choice Center is an independent, nonpartisan consumer advocacy group championing the benefits of freedom of choice, innovation, and abundance in everyday life for consumers in over 100 countries. We closely monitor regulatory trends in Washington, Brussels, Ottawa, Brasilia, London, and Geneva.
Find out more at consumerchoicecenter.org
