New Drink Illegal in Indiana But Sold in Illinois May be Dangerous

Warnings by company state drink is addictive, police warn about driving under influence, health leaders say ingredient unsafe

Kratom, often marketed as an herbal remedy, has been labeled an opioid by the FDA and said to be unsafe and ineffective by Mayo ClinicPhoto byThor Porre / Wikipedia

ILLINOIS - New Brew, a non-alcoholic seltzer claiming euphoric effects, has been banned in Indiana but is available in surrounding states including Illinois. The beverage's active ingredients, kava and kratom, interact with brain receptors, producing effects that are felt despite the drink being alcohol-free.

The website for the new drink states that the two main ingredients come from "powerful plants with real effects". These are Kava and Kratom. While they discuss the plants and potenial affects, nowhere on the site does it state that the drink is safe. It does provide a statement that says Kratom is legal in the United States at a "federal level," although it is not legal in some states and other countries.

The website also includes a discussion about the DEA trying to prohibit the sale and use of Kratom in 2016, claiming that "congressional pushback and mounting clinical evidence showing its [Kratom's] safety" caused the DEA to reverse it's position. It then says that "the stricter scheduling of kratom that would have prompted that sort of ban never occurred."

This last statement is concerning, considering the FDA has not approved Kratom for any uses, including medical ones. This means that it is likely that since there have been no medical uses identified for this substance and it has a high potential for addiction, something the company admits to on it's own website, it would have become a Schedule I drug. Other drugs on this schedule includ heroin, LSD & ecstasy, and like them, Kratom would not have been able to be used legally, and definitely not over the counter in any way.

Regarding what they claim is "mounting clinical evidence showing its [Kratom's] safety," this statement is not entirely accurate as research has not demontrated it's safety at this point.

Research on Kratom: Current Status and Ongoing Investigations

Ongoing research into kratom is in its early stages, with much still unknown about its short- and long-term effects, safety profile, and potential therapeutic applications. While some individuals have reported using kratom to manage opioid withdrawal symptoms, its efficacy and safety for this or any medical purpose remain unproven.

Research and Regulation

Despite anecdotal reports of kratom's use in alleviating opioid withdrawal symptoms and cravings, scientific studies have yet to confirm its safety or effectiveness for this or any other medical use. Research is ongoing, but currently, limited studies have been conducted on kratom's effects on human health.

Kratom remains legal and is widely available in many parts of the United States, both online and in physical stores. The U.S. Drug Enforcement Administration (DEA) has designated kratom as a “drug of concern,” but it is not classified as a controlled substance under U.S. law. Meanwhile, the U.S. Food and Drug Administration (FDA) has not approved kratom for any medical purposes, citing insufficient evidence of its safety and efficacy.

Under the Federal Food, Drug, and Cosmetic Act, kratom is categorized as a "new dietary ingredient" because it was not marketed as such in the U.S. prior to October 15, 1994. Products containing new dietary ingredients must provide evidence of safety. The FDA has previously seized shipments of kratom products marketed as dietary supplements.

Safety Concerns

While kratom is used by some individuals to manage opioid addiction, there are concerns that the substance itself may be addictive. Users who stop taking kratom after regular use may experience withdrawal symptoms.

Reported side effects of kratom range from mild to severe. Commonly reported side effects include nausea, constipation, dizziness, and drowsiness. More serious, though rarer, effects include seizures, high blood pressure, and liver issues. Fatal overdoses from kratom alone are rare, but the substance has been linked to deaths when used in combination with other drugs. Additionally, there are concerns about interactions between kratom and other substances, though further research is necessary to better understand these risks.

The long-term effects of kratom use are not well documented. Some reports suggest that prolonged use of large doses may lead to severe liver problems in certain individuals.

Moreover, contamination of kratom products has emerged as a health concern. Some samples of kratom have been found to contain harmful contaminants such as heavy metals and pathogenic bacteria.

Mayo Clinic Echos Safety Concerns

According to experts at the Mayo Clinic, Kratom, a substance derived from the leaves of the Mitragyna speciosa tree, has been the subject of growing concern among U.S. health agencies. While some users believe kratom provides relief for various conditions, it has not been proven to be safe or effective for treating any medical issues. The U.S. Food and Drug Administration (FDA) has issued warnings against using kratom due to potential risks, and the U.S. Drug Enforcement Administration (DEA) has classified it as a "drug of concern."

Side Effects and Reports of Harm

Between 2014 and 2019, U.S. poison control centers received over 3,400 reports related to kratom use, some involving deaths. Among the side effects reported were high blood pressure, confusion, and seizures. Kratom has been associated with several known side effects, including:

• Weight loss
• Dry mouth
• Nausea and vomiting
• Constipation
• Liver damage
• Muscle pain
• High blood pressure

In addition to these physical effects, kratom impacts the mind and nervous system, leading to symptoms such as:

• Dizziness
• Drowsiness
• Hallucinations
• Delusions
• Depression
• Difficulty breathing
• Confusion, tremors, and seizures
• Death

Experts at Mayo state that overdosing on kratom is uncommon but possible, and they remain uncertain about the dosage levels that could cause serious health problems.

Ongoing Research

Research into kratom’s effects continues, with findings suggesting a range of safety concerns. Some studies indicate that kratom may interact with other medications, potentially leading to serious health consequences, such as liver damage or death.

One study examined kratom as a treatment for opioid withdrawal symptoms. Participants who used kratom for over six months reported experiencing withdrawal symptoms similar to those associated with opioid use. This has raised concerns about the potential for kratom dependency, with some users possibly requiring treatments used for opioid addiction, such as buprenorphine or buprenorphine-naloxone.

Impact on Pregnancy and Product Contamination

Kratom’s effects during pregnancy have also been a cause for concern. Pregnant individuals who use kratom may give birth to babies experiencing withdrawal symptoms, requiring medical treatment.

Contamination in kratom products presents another significant risk. Some kratom samples have been found to contain heavy metals like lead and harmful pathogens, including salmonella. Salmonella contamination has been linked to over 35 deaths, according to the FDA.

New Brew Statements

The New Brew website presents a simple line diagram of effects that shows that for Kratom at low doses effects are balanced energy while at high doses there are sedative effects. The diagram for Kava shows that at low doses the effects are relaxation, at moderate doses the effects are "heart opening", and at high doses there is a numbing sensation.

The company that produces New Brew issues several warnings on it's website including recommending that anyone "in recovery" should not drink this beverage and stating that New Brew is can "absolutely be addictive," and should not be consumed daily. It also recommends that those who are pregnant, trying to conceive or breast feeding should avoid drinking New Brew.

Illegal in Indiana

Indiana prohibits the sale of New Brew due to one of its ingredients, Kratom, which state law deems illegal. Indiana State Police and other professionals urge consumers to be fully aware of what they are ingesting, regardless of the type of drink.

"The most important thing is, as a consumer, you need to know and understand anything that you put in your body. Number one, what are you taking, and what are the effects of that on your body," said Sgt. Matt Ames, Public Information Officer for the Indiana State Police.

Ames added that consuming any substance that could lead to addiction or impairment should be carefully considered. ISP also reminds the public that driving under the influence of substances affecting motor skills can lead to arrest.

Kratom in Illinois: Legal Status and Ongoing Regulation

In Illinois, kratom remains a legal substance for individuals aged 18 and over. The state’s approach to regulating kratom reflects the potential risks associated with its use. Illinois has crafted a legal framework that allows adults access to kratom while ensuring protections are in place to minimize misuse, especially among minors.

Kratom Legislation in Illinois

The legal status of kratom in Illinois stems from legislation that seeks to balance public health concerns with individual access. While the state allows the sale and use of kratom for those over 18, it imposes restrictions designed to prevent its misuse. This legislative approach demonstrates the state's focus on ensuring that kratom is accessible to responsible adults while addressing potential risks.

A core aspect of Illinois' regulatory measures is the prohibition of kratom sales to minors. This age restriction aligns with similar laws across other states and underscores Illinois’ commitment to protecting younger populations from possible harms.

Legal Framework and Consumer Protection

Illinois’ kratom laws extend beyond age restrictions. Regulations focus on consumer protection, emphasizing proper labeling and quality control. Vendors are required to label their products clearly, ensuring consumers know the contents and any potential risks. The state also encourages proof of product testing to prevent the sale of contaminated or adulterated kratom.

These requirements help maintain public health standards while fostering an informed market for kratom. Both vendors and consumers are urged to remain up-to-date on these regulations to ensure compliance and promote safe use.

Key Legal Requirements for Kratom in Illinois

To navigate Illinois’ kratom laws, vendors and consumers must be aware of several key points:

• Age Restriction: Kratom sales are prohibited to individuals under 18.
• Labeling Requirements: Products must display clear labels indicating their contents.
• Quality Assurance: Vendors are encouraged to provide evidence of product testing for safety and purity.
• Local Ordinances: Some municipalities within Illinois may have additional restrictions on kratom.
• Purchasing Options: Adults may buy kratom both in physical stores and online.

Remaining informed of these laws is essential for those looking to engage in the kratom market responsibly.

The Future of Kratom in Illinois

The legal status of kratom in Illinois could shift as ongoing research, legislative debates, and public opinion shape the conversation. The evolving understanding of kratom’s effects may lead to changes in regulation, and stakeholders should remain attentive to any updates in state law. Active engagement in kratom advocacy may also influence future legal developments, as lawmakers continue to weigh the potential risks and benefits of this botanical substance.

In a state where public health and individual rights intersect, Illinois' approach to kratom regulation provides a model for thoughtful legislation. As research progresses, the conversation around kratom's legal status is likely to evolve, keeping the issue relevant for both consumers and regulators alike.