I like the letter and find at least some of his arguments intelligent. However, I am not sure the government will buy them in light of their published statements on the use of non-GRAS substances in "conventional beverages". The lawyer suggests that many teas can be sold as dietary supplements and also served as hot beverages. This is true, but I wonder if: a) like kava, they lack GRAS status; b) this is due to the government's official position or simple lack of enforcement. I am no legal expert, but it does seem to me that your food laws are very poorly enforced. I mean, look at this whole kratom situation. In general, the key argument I find in his letter is that adding kava to water does not constitute adding a dietary ingredient to a food product. The lawyer admits that adding a non GRAS ingredient to a beverage would make it unlawful, but claims that water in itself is not a beverage, but a mere method of serving the product. This may or may not be true, but I somehow doubt that this could possibly be the case. Does it even make any logical sense? The FDA are dead against adding non GRAS stuff being part of beverages ("Any substance added to a beverage or other conventional food that is an unapproved food additive (e.g., because it is not GRAS for its intended use) causes the food to be adulterated under section 402(a)(2)(C) of the FFDCA (21 U.S.C. 342(a)(2)(C)). Adulterated foods cannot be legally imported or marketed in the United States." and "In addition, if a manufacturer could create a dietary supplement simply by adding a dietary ingredient to any pre-existing conventional food and labeling the resulting product as a supplement, firms could easily evade the requirement that ingredients in conventional foods be generally recognized as safe (GRAS) or approved for their intended use (see section III.D.1, below)." (https://www.fda.gov/food/guidancere...yinformation/dietarysupplements/ucm381189.htm), so I guess it really does boil down to one's definition of water. Is water a beverage?