Lawsuit seeks court clarification that incidental trace MGPI in traditional botanical kratom does not make natural kratom leaf a Schedule I substance.

WASHINGTON, DC, August 27, 2026 (EZ Newswire) -- The American Kratom Association today announced it has filed a federal lawsuit in the United States District Court for the District of Columbia (Case No. 1:26-cv-02997) seeking declaratory and injunctive relief to ensure that the Drug Enforcement Administration’s temporary scheduling order for mitragynine pseudoindoxyl (MGPI), MGM-15, and MGM-16 is not misapplied to traditional botanical kratom products that contain only incidental, naturally occurring, or naturally formed trace amounts of MGPI.

The complaint names the Drug Enforcement Administration, DEA Administrator Terrance C. Cole, and the U.S. Department of Justice as defendants. The lawsuit does not ask the court to invalidate DEA’s temporary scheduling order in the first instance. Instead, AKA asks the court to confirm that the order does not apply to traditional botanical kratom products merely because modern testing may detect naturally occurring or naturally formed trace amounts of pseudoindoxyl.

“This lawsuit is about regulatory clarity, preserving science-based oversight, and ensuring the DEA’s temporary scheduling order stays focused on deliberately manufactured, concentrated opioid compounds — not natural kratom leaf,” said Mac Haddow, Senior Fellow on Public Policy for the American Kratom Association. “The AKA supports aggressive enforcement against chemically manipulated MGPI, MGM-15, and MGM-16 products. But responsible kratom consumers and legitimate botanical kratom businesses should not be put at risk because trace-level chemistry is detected in otherwise traditional botanical kratom.”

The lawsuit cites DOJ’s own public statement that the emergency scheduling action is directed at “deliberately manufactured and concentrated opioid products, not traditional botanical kratom.” AKA’s filing argues that DOJ’s statement should control how the temporary scheduling order is interpreted, and that traditional botanical kratom should not be criminalized when trace MGPI is present only as a result of the plant’s chemistry or ordinary post-harvest handling.

According to the complaint, the uncertainty arises because the agencies’ public statements point in one direction — targeting enhanced, synthetic, and concentrated kratom-related opioid products — while the unqualified chemical listing in the temporary scheduling order could be read to reach traditional botanical kratom if trace MGPI is detected by modern analytical methods.

“The federal government made the right decision to target dangerous chemically manipulated opioid products,” Haddow said. “But that objective is undermined if legitimate natural kratom leaf products are swept into Schedule I because laboratories can now detect trace compounds at levels that do not present the public safety threat DEA sought to address.”

The complaint asserts that mitragynine, 7-hydroxymitragynine, and pseudoindoxyl are chemically related, arguing that trace pseudoindoxyl can form through natural botanical processes, standard post-harvest handling, storage, or analytical conditions without intentional synthesis, enrichment, or fortification. The filing also notes that accredited laboratory testing found trace pseudoindoxyl in unprocessed kratom leaf and botanical powder at levels far below the concentrated products that prompted DEA’s action.

AKA emphasized that it is not seeking protection for intentionally manufactured, concentrated, fortified, or enhanced MGPI products. The complaint states that AKA’s GMP participants do not manufacture or sell products intentionally fortified with pseudoindoxyl and do not challenge federal control of intentionally synthesized, isolated, enriched, fortified, or concentrated pseudoindoxyl products.

“What we are asking for is simple: enforce the law against bad actors who manufacture and market dangerous concentrated opioid compounds, while preserving access to traditional botanical kratom products that comply with state Kratom Consumer Protection Acts,” Haddow said. “Consumers should not lose access to traditional botanical kratom because of an ambiguous emergency order that DOJ has already said is not aimed at botanical kratom.”

The lawsuit also points to DEA’s companion 7-OH scheduling approach, where DEA recognized the need for a threshold to distinguish botanical kratom containing naturally occurring trace 7-OH from enhanced or synthetic 7-OH products. AKA argues that the same kind of scientifically defensible threshold or objective line is needed for MGPI to prevent unintended consequences for traditional botanical kratom.

The complaint seeks a declaration that the temporary scheduling order does not apply to traditional botanical kratom products whose only pseudoindoxyl or MGM-related content is naturally occurring, naturally formed, or present only in trace quantities without intentional synthesis, isolation, enrichment, fortification, concentration, or addition. In the alternative, if DEA claims the order applies to traditional botanical kratom, AKA asks the court to set aside or enjoin that application and require a reasoned, scientifically defensible standard.

“This litigation is necessary because responsible companies, laboratories, researchers, and consumers need clarity now,” Haddow said. “Without clarification, the very testing and quality-control systems that protect consumers could become the basis for enforcement risk. That is bad science, bad policy, and bad consumer protection.”

AKA reiterated its support for strong federal enforcement against chemically manipulated opioids, including MGPI, MGM-15, MGM-16, and high-potency 7-OH products, while advocating for clear regulatory thresholds for natural kratom. While kratom has not been approved by the FDA, AKA maintains that traditional botanical products should be distinguished from synthetic chemical analogs.

“The right policy is not confusion,” Haddow said. “The right policy is targeted enforcement against dangerous chemically manipulated opioids, paired with clear federal standards for natural kratom products that protect consumers and preserve access.”

About American Kratom Association (AKA)

The American Kratom Association is a consumer advocacy organization dedicated to protecting the rights of Americans to safely use natural kratom products. The AKA supports federal and state enforcement actions targeting chemically manipulated 7-OH products and advocates for the Kratom Consumer Protection Act — including product testing, labeling standards, and age restrictions — in states across the country. For more information, visit americankratom.org and learn more at kratomanswers.org.

Disclaimer

The American Kratom Association (AKA) is a 501(c)(4) advocacy organization. This press release is provided for informational and public policy purposes only. Information contained herein reflects the policy analysis of the issuing party regarding federal administrative actions and does not constitute legal or medical advice. Statements made regarding natural kratom have not been evaluated by the Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure, or prevent any disease. Readers should consult qualified medical professionals before using any botanical products.

Media Contact

Mac Haddow
Senior Fellow on Public Policy
press@americankratom.org
+1 571-294-5978

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