Kava Bar / Local Health Authority / FDA

[SelfBiasResistor]

I think this quote (from the article, isn't it?) is a bit misleading. I dont think the FDA made any ruling regarding serving kava as a conventional beverage. Instead, they may have confirmed it is seen as a dietary supplement (a special kind of food) and can be sold for human consumption. this has been known for a long time. The question is: can it be served as conventional food or does it need to be sold as a supplement?

The winning argument isn't about the FDA view on kava being food or supplement but the fact that it is a supplement and the addition of plain water isn't modifying the supplement. That argument probably won't work with kava cocktails or edible products.

 

[SelfBiasResistor]

It is a potentially strong argument but I dont think the FDA has actually officially accepted. Thoigh I might (and would love to be) mistaken

I agree. It worked here but may not work in every situation. This wasn't a court battle won and the FDA regulations in this area aren't completely clear.

 

[SelfBiasResistor]

If kava mixed with nothing but water can be sold as food in the states then it is a huge victory

If kava cannot be added to food, a product made with kava cannot be sold as food. It's merely a dietary supplement consumed via water extraction.

The FDA is poorly designed to regulate herbal/botanical products. Most of these food additive regulations are targeted at chemicals being created. With the rising public interest in various botanicals there will likely be inconsistent enforcement and confusion at all levels.

Edit : Additionally we now have states legalizing cannabis products for sale that the FDA has deemed illegal. These are raw herb botanicals as well as food products. Beverages, food products, etc containing components/extracts of the plant. Those products aside, historically the FDA usually doesn't step in and remove natural botanicals from the market if they are not marketed in a way that makes health or medical claims (whether the claims are accurate or not).

 

[Alia]

I think this quote (from the article, isn't it?) is a bit misleading. I dont think the FDA made any ruling regarding serving kava as a conventional beverage. Instead, they may have confirmed it is seen as a dietary supplement (a special kind of food) and can be sold for human consumption. this has been known for a long time. The question is: can it be served as conventional food or does it need to be sold as a supplement?

All of our discussion points on this important topic are relevant. Yes, for sure the newspaper article was miss-leading somewhat...but (according the email from Oregon Health Authority), the basis for allowing the Kava bar to re-open was made after recieving the albiet confusing letter "After consulting with the FDA, the Oregon Health Authority determined that the restaurant was allowed to sell Kava as a tea. The FDA did not provide my office with a letter stating that Kava is a food. As mentioned earlier, supplements are regulated as foods, so there can certainly be some confusion around this. Kava is still not “generally recognized as safe” by the FDA, which means it can not be added to other types of food in a restaurant setting". Clearly these cups of kava beverage are very likely to still be served with some bits of food at least so the wisdom and observations from you and @ SelfBiasResistor are right on as stated, "It worked here but may not work in every situation".

 

[Alia]

Another issue is tge lawyer's claim that supplements can be sold as hot teas. Is it really true? If yes then I wonder why that kava bar in montana was forced to sell kava in sealed, labelled bottles..

My only knowledge of that Montana issue is annecdotal hear-say. If true it leads me to conclude that having an open, back and forth, respectful dialogue with the Overseeing authority could have altered that situation.