What's new

The American Kava Association

Bula Kava House

Portland, OR
Kava Vendor
Kava Bar Owner
With the recent emergency scheduling of K@ I thought it would be a good time to mention the AKA again. It's taking longer than expected to get the association to where it should be but the vision and goal is general quality control in the industry to keep kava legal. That means members testing for purity and quality, and to ensure the absence of contaminants along with processing in FDA certified facillities, and proper labeling.

I've been talking to the founder of the AKA, Tyler, recently and it's plainly apparent that he simply has concerns with the way kava is sometimes sold. We have all seen more and more plants made illegal over the course of history and it's BS. That is Tyler's and the AKA's main concern. Very few vendors are doing all that they're legally supposed to be doing now, and in all honesty that includes us at Bula Kava House (I do the testing but as of yet we're not repackaging in a cGMP facility. That's coming soon though. For now we're packaging in a health department inspected establishment which is probably the next best thing). If vendors and bars are following the law set forth by the FDA we don't have much to worry about, but if people don't start treating kava more like a legitimate industry it will go the way of K@. Any vendor not in FDA compliance is leaving the entire industry open to a ban. We need to shit or get off the pot. Excuse my French. It's time to start moving forward.

The AKA is being established to guide members to become compliant with the law, and to let customers know which vendors and bars are doing what they should be doing. To be clear, a vendor doesn't need to be an AKA member to be in compliance. If they follow all the FDA rules they're good for the industry, AKA member or not. Other functions of the AKA will involve political lobbying for kava, possible litigious defense of members and kava in general, general promotion of kava, and communicating with vendors who are doing things bad for the industry such as selling products that shouldn't be sold. I've heard of vendors who previously sold K@ hoping to move to kava and looking to create single serving kava supplements to be sold at head shops that have thousands of milligrams of kavalactones.

I bring up the AKA to again here to rally the troops. The only way it will work to help keep kava legal is if there's buy in by customers and vendors. If customers start to understand that the AKA means confirmed quality and safety, vendors will do what's necessary to become members or at the very least follow the same standards which would have the same positive effect on the industry at the end of the day. So anyway, once the ball gets rolling on this, I really hope that we can all rally around and support a member driven organization that has the industry and customers safety as the primary interests. I hope that people can put away any preconceived notions regarding the AKA and/or Tyler. The AKA is doing a good thing that will benefit us all.

Bula!
 
Last edited:

KrunkMunster

Kava Enthusiast
I would "HIGHLY" recommend that you guys look at the bullet points that the DEA used as reasons to list K@ and make sure these can be answered in a positive way with respect to Kava. When I read the DEA listed in the National Register, it seemed most could very easily apply to Kava.

Getting customers on board isn't going to help you a great deal. There are more K@ customers than Kava customers and it's being listed. The key is making sure their isn't a valid reason to list Kava.

K@ seemed to have a bunch of issues with the FDA and imports, so there was bad press all over the place. This is was really ultimately killed K@. j
 

Bula Kava House

Portland, OR
Kava Vendor
Kava Bar Owner
I would "HIGHLY" recommend that you guys look at the bullet points that the DEA used as reasons to list K@ and make sure these can be answered in a positive way with respect to Kava. When I read the DEA listed in the National Register, it seemed most could very easily apply to Kava.
Exactly! I thought the same thing when I read the DEA's document about K@. It's got me a little spooked to be perfectly honest. But yeah, making sure as many kava vendors are compliant with what "The Man" as possible is the goal here.
 

iglooNakamal

Kava Enthusiast
Refining could very well destroy us. Yes... let us take something amazing and try to make it as dangerous as we possibly can. This worries me. I'm glad we have some organization but it isn't a fair fight... please let me know when there is something I can do to help.
 

Bula Kava House

Portland, OR
Kava Vendor
Kava Bar Owner
@KrunkMunster Getting customers on board is important because if customers demand that vendors follow the regulations, vendors will follow the regulations. It's not about showing support in the face of government intervention. It's about doing the things that will keep the government from intervening in the first place. Without following the FDA's regulations, kava too could start having issues.
 

KrunkMunster

Kava Enthusiast
Exactly! I thought the same thing when I read the DEA's document about K@. It's got me a little spooked to be perfectly honest. But yeah, making sure as many kava vendors are compliant with what "The Man" as possible is the goal here.
You would probably address some of these concerns on your website under your about link. The more Google grabs the good stuff the better.
 

Palmetto

Thank God!
There are a few topics to focus on to keep kava legal. The best arguments aren't necessarily the ones that win. Sometimes you have to choose the most political arguments.
1. Kava is a potent (low cost) anticancer agent, both prophylactically and killing existing tumors.
2. Kava is an intrinsic part of the culture of most pacific cultures owned by the US (Hawaii, American Samoa, etc.)
3. Kava has a long and large history of safe use. Basically anytime a pharmaceutical hasn't stepped in to extract from it.
4. There are no dangers of organ failure, overdose, or criminal activity associated with traditional/normal use of kava.
5. It is not a gateway to drugs
 

Bula Kava House

Portland, OR
Kava Vendor
Kava Bar Owner
There are a few topics to focus on to keep kava legal. The best arguments aren't necessarily the ones that win. Sometimes you have to choose the most political arguments.
1. Kava is a potent (low cost) anticancer agent, both prophylactically and killing existing tumors.
2. Kava is an intrinsic part of the culture of most pacific cultures owned by the US (Hawaii, American Samoa, etc.)
3. Kava has a long and large history of safe use. Basically anytime a pharmaceutical hasn't stepped in to extract from it.
4. There are no dangers of organ failure, overdose, or criminal activity associated with traditional/normal use of kava.
5. It is not a gateway to drugs
All important and valid points, and if and when the FDA and/or DEA comes a knockin' these will be the points that lobbyists, proponents, vendors, and enthusiasts like those found on this forum make. It's all moot though if us vendors can't do the basics REQUIRED by the FDA. Right now, to varying degrees, we're all operating like a bunch of restaurants that decided to skip some or all local health department requirements and start serving food to customers anyway. It's possibly not safe for customers and is definitely inviting the government to step in and shut us down. With kava's dramatically increasing popularity increased scrutiny is coming. The lack of quality control measures are possibly the biggest factor in the K@ scheduling. If we want kava to maintain it's legal status it's time for vendors to do what the government requires, and for customers to demand it.
 

The Kap'n

The Groggy Kaptain (40g)
KavaForums Founder
All important and valid points, and if and when the FDA and/or DEA comes a knockin' these will be the points that lobbyists, proponents, vendors, and enthusiasts like those found on this forum make. It's all moot though if us vendors can't do the basics REQUIRED by the FDA. Right now, to varying degrees, we're all operating like a bunch of restaurants that decided to skip some or all local health department requirements and start serving food to customers anyway. It's possibly not safe for customers and is definitely inviting the government to step in and shut us down. With kava's dramatically increasing popularity increased scrutiny is coming. The lack of quality control measures are possibly the biggest factor in the K@ scheduling. If we want kava to maintain it's legal status it's time for vendors to do what the government requires, and for customers to demand it.
Judd, if you had to give a rough estimate, how much do you think it would take to bring a larger sized vendor like yourself up to speed with GMP and quality control?
 

Bula Kava House

Portland, OR
Kava Vendor
Kava Bar Owner
Judd, if you had to give a rough estimate, how much do you think it would take to bring a larger sized vendor like yourself up to speed with GMP and quality control?
It depends. I think the most important first step for all vendors is that we at the very least test each batch of kava for kavalactones and contaminants. Most recently I had those tests done independently through a lab here in Oregon. The HPLC testing was $125 per sample. Microbiological, I believe was about the same but if a vendor is pretty sure their products are uncontaminated they could combine a few, maybe three at a time. Of course if it comes back contaminated the vendor would have to spend even more to retest all three individually. But for arguments sake, let's say by doing HPLC and dividing up the micro testing, a vendor could test for about $150-$170 per sample. Every batch/lot should be tested so if the vendor is importing larger orders, that will mean fewer tests. We will be doing our next round of tests through the AKA. Tyler has secured better pricing than I can get alone. He just quoted me yesterday $900-$1,000 for five samples, depending on how many samples I'm comfortable combining for microbiological. The AKA's tests also include heavy metals. At the end of the day, this testing will cost vendors who import 100 - 1,000 kgs. at a time anywhere from 20 cents to a couple dollars per kg. They could just eat that price, or pass it down to customers. I like to think kava drinkers would be happy to pay another 50 cents or so per bag to ensure it's properly tested, and that the vendor they're buying from is at least doing a big part of what the FDA is looking for, and helping to keep kava legal.

The cGMP facility is a bigger deal. For me, setting one up will cost thousands. It depends on what renovations need to be made to meet FDA standards. That's on top of the price of a monthly lease. I've yet to commit to a lease but I have something in the works. On the other hand, just a week or so ago a guy at a local herb shop told me he knows of a guy with an FDA certified facility locally who may be able to rent time to me to do any processing. Obviously if this is an option it would save me money over the short term. I think if some research is done, vendors could find a facility that would either rent the space for a fee or actually do the packaging for a fee, though I'm sure the associated costs vary greatly.

The final cost associated with meeting FDA standards is proper supplement labeling. Unlike testing and processing, improper labeling probably isn't enough to make the FDA come down hard, but I'm sure they'd be happy to levy a heafty fine to vendors not in compliance. Cost for this is negligible. My graphic designer could make the changes in a couple hours probably and she charges $80/hr., I think.

I know some vendors are probably looking at the prices of testing and processing and thinking, "I can't afford that." That's not the right way of thinking though. I know, these extra costs suck. But this is about keeping kava legal. The government loves to take away our plants. We can't give them more reasons to do so. If we don't make changes we won't be able to afford anything because we'll be out of business.

When starting a business we talk about barriers to entry. With almost any product sold by any company, a barrier to consider is operating costs. With kava, part of those operating costs come from being FDA compliant. We've gotten away with non-compliance for a while because of kava's relative obscurity, but I believe that has come to an end. In truth though, it's not about "getting away with it". We expect the companies that we purchase products from to do what is required by the law to sell those products, especially when they're for human consumption. We wouldn't eat at a restaurant that's not up to health department standards. We wouldn't buy a box of pasta at the market that comes from unknown and untested ingredients. Why is kava different? Operating costs keep people from starting businesses all the time. If someone can't at least work toward doing what's required, maybe they're in the wrong industry.
 

TheKavaSociety

New Zealand
Kava Vendor
In New Zealand kava can be sold as food and we have a separate food standard for kava products. In addition to ensuring that it's actually not contaminated with any crap (salmonella, etc), one has to process/pack it in a council-approved and inspected facility and register with the relevant ministry.
The kava food standard specifies that only kava roots or water kava extractions can be sold as food in New Zealand. It is illegal to sell organic extracts, leaves, stems etc as food in New Zealand. There's a bit of a gray area concerning dietary supplements (some kava-containing products can be sold as dietary supplements), but the important point is that the regulators treat these two categories differently. We also have kava specific-labeling requirements. Every kava bag has to come with a warning: "Drink in Moderation. May Cause Drowsiness" and it is illegal to make any nutritional or health claims on the kava bags.
I think it's a pretty decent legislation. From what I've heard other countries have been using our food standard as a potential guideline for their own legislation.

In case you are interested, here's our kava food standard: https://www.legislation.gov.au/Details/F2015L00466
 
Last edited by a moderator:

Bula Kava House

Portland, OR
Kava Vendor
Kava Bar Owner
In New Zealand kava can be sold as food and we have a separate food standard for kava products. In addition to ensuring that it's actually not contaminated with any crap (salmonella, etc), one has to process/pack it in a council-approved and inspected facility and register with the relevant ministry.
The kava food standard specifies that only kava roots or water kava extractions can be sold as food in New Zealand. It is illegal to sell organic extracts, leaves, stems etc as food in New Zealand. There's a bit of a gray area concerning dietary supplements (some kava-containing products can be sold as dietary supplements), but the important point is that the regulators treat these two categories differently. We also have kava specific-labeling requirements. Every kava bag has to come with a warning: "Drink in Moderation. May Cause Drowsiness" and it is illegal to make any nutritional or health claims on the kava bags.
I think it's a pretty decent legislation. From what I've heard other countries have been using our food standard as a potential guideline for their own legislation.

In case you are interested, here's our kava food standard: https://www.legislation.gov.au/Details/F2015L00466
How great would it be if we could count on the FDA to make such a rational distinction. I advise American kava lovers not to hold their breaths.
 

Delicate Drunk

Kava Curious
I am confused by all these posts about K@ and kava. I don't know how kava can be compared to K@, and it seems a little unlikely that the DEA will lump Kava in with K@. From the wikipedia about K@: "side effects may include respiratory depression (decreased breathing), seizure, addiction, and psychosis.[3] Other side effects include high heart rate and blood pressure, liver toxicity, and trouble sleeping.[7][8] There is a risk of addiction"
These side effects are so far removed from the gentle effects of kava it seems ridiculous to compare them. I do agree however, a little concern is warranted regarding the DEA and all that, and the AKA thing is a really great idea.
 

Bula Kava House

Portland, OR
Kava Vendor
Kava Bar Owner
4
I am confused by all these posts about K@ and kava. I don't know how kava can be compared to K@, and it seems a little unlikely that the DEA will lump Kava in with K@. From the wikipedia about K@: "side effects may include respiratory depression (decreased breathing), seizure, addiction, and psychosis.[3] Other side effects include high heart rate and blood pressure, liver toxicity, and trouble sleeping.[7][8] There is a risk of addiction"
These side effects are so far removed from the gentle effects of kava it seems ridiculous to compare them. I do agree however, a little concern is warranted regarding the DEA and all that, and the AKA thing is a really great idea.
To clear up your confusion, kava and K@ are linked in many peoples' minds because the bulk of establishments calling themselves kava bars actually serve more K@ drinks than kava. Despite having little in common, ignorant people often mention them almost as if they're one in the same. This makes the emergency banning of K@ a little scary.

The fact is, the government just jumped in as they often do and inappropriately added another substance to the list of things to fight in this War on Drugs. K@ is a positive substance for a lot of people. It is in fact mildly addictive but I've heard very few, if any, reports that sound anything like the rest of the side effects you listed. Despite K@'s history of safe use, value as a chronic pain, anxiety, and depression reliever, and its ability to be an opiate replacement, the government banned it. There is mounting evidence that this was financially motivated to help protect pharmaceutical companies. The reasons given for the banning included lack of quality control within the industry, and no FDA confirmed medical uses. It could be easily argued that kava and the kava industry have the same isssues.

The concern is not that the DEA or FDA will "lump kava in with K@". The concern is that the varying levels of a lack of quality control in the kava industry leave us all open to kava being banned in a completely separate way. The FDA likes to outlaw plants, especially when they treat ailments that are also treated with a synthetic drug. Beyond that, what the FDA requires for a supplement like kava isn't really unreasonable and if we all followed the rules, on top of it ensuring that kava stays legal, it would ensure that customers are getting quality, healthy kava products.
 
Last edited:

TheKavaSociety

New Zealand
Kava Vendor
I've always wondered: why have all these establishments been calling themselves "kava bars" and not K@ bars? Is it because K@ imports have been illegal for quite a while?
 

Bula Kava House

Portland, OR
Kava Vendor
Kava Bar Owner
@Henry, yeah it always bothered me. I'm pro K@ but I figured it would one day be banned so I always hated these places calling themselves kava bars. K@ has a bit of a stigma and that had/has the potential to bleed over into kava. Call yourself an "exotic tea bar" or something, but if you're selling more K@ than kava don't call yourself a kava bar.
 

iglooNakamal

Kava Enthusiast
Your designer is top notch Bula. If any of y'all hear a vendor say they cannot afford to have label work done for compliance... Please send em my way. :D
-->will design for root<--
 
Top