Kava Coalition Statement on the Safety and Legal Protection of Kava in the United States
Recent court actions, including the decision in Kavasutra v. Adams, relied on outdated and discredited allegations of liver toxicity from a 2002 German case. That case, and others like it, have long been dismissed by the scientific community as flawed and unsupported by credible evidence. In the more than two decades since, peer-reviewed research and decades of safe consumption have shown no causal link between kava beverages and liver harm.
Kava has been consumed safely in the United States for over 100 years, both as part of the cultural heritage of the people of Hawaii and American Samoa, and among the broader Pacific Island diaspora. Its traditional preparation, which is cold-water extraction of the peeled root, has been practiced in the South Pacific for over 3,000 years, with no evidence of harm when consumed in its customary form. Additionally, extractions of kava using CO₂ have shown no evidence of harm.
The recent judicial determination that kava prepared at kava bars is unsafe and considered an adulterated product stands in stark contradiction to the accepted treatment of other botanicals that are routinely steeped in water and sold as teas, such as moringa, hibiscus, chamomile, and countless other herbal infusions, none of which are classified as unsafe or adulterated when prepared in this way. Singling out kava for this treatment ignores both scientific evidence and longstanding cultural practices.
The American Herbal Products Association (AHPA) Botanical Safety Handbook, available at kavacoalition.org/ahpa-botanical-safety-handbook, affirms kava's long history of safe use. The updated edition distinguishes between traditional kava, which is water-based extracts, and contemporary kava products, which use organic-based extraction methods. It notes that the association between liver injury and organic-based methods is tenuous at best, and that poor quality control - such as use of inappropriate plant parts, improper extraction methods, combinations with chemical additives, and improper drying - may be the real culprits in past safety concerns.
The handbook's safety review includes all human clinical trial results and finds that liver injury is extremely rare and only tenuously correlated to kava. It also documents kava's use as a food in the United States prior to 1958, including documented sales in the 1915 Sears catalog, demonstrating that its presence in American commerce predates modern food additive laws. While the FDA does not currently recognize kava as GRAS, the Hawaii State Department of Health has formally rejected that position and declared kava GRAS in Hawaii, a status also recognized and granted one year earlier in Michigan State.
Importantly, in March 2025, the United States Food and Drug Administration confirmed in written correspondence that 'a tea produced from kava and water alone is considered a single-ingredient conventional food' and 'would generally not be regulated as a food additive if the tea is consumed as food.' This position, consistent with prior FDA communications and the agency's 2023 adoption of the Codex Alimentarius Regional Standard for Kava Products, makes clear that traditional kava beverages are not prohibited under federal law when prepared with water alone.
Federal law clearly recognizes kava, when steeped in water, as a food under 21 U.S.C. § 321(f). Attempts by state or municipal authorities to redefine kava as an adulterant directly conflict with federal jurisdiction over food and are subject to preemption under the Supremacy Clause of the United States Constitution.
The Kava Coalition will continue to support kava bars and other businesses serving traditionally prepared kava as a single-ingredient beverage. We will challenge regulatory overreach, defend against misinformation, and protect the rights of Pacific Islanders and all Americans to enjoy this important part of our shared cultural heritage.
Kava is more than a beverage. It is a tradition, a livelihood, and a bridge between cultures. We intend to see it treated in law as it has been in history: as a safe, respected, and protected food.
About Kava Coalition
Kava Coalition is an alliance of kava consumers, experts, and industry leaders committed to advancing kava education, advocacy, and choice. The Kava Coalition aims to empower informed decisions about kava, promoting responsible consumption while understanding the importance of preserving kava's history and cultural heritage. For more information, visit kavacoalition.org.
Media Contact
Patrick George
+1 916-202-1982
[email protected]
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SOURCE: Kava Coalition
Copyright 2025 EZ Newswire
https://app.eznewswire.com/news/kava-coalition-statement-safety-legal-protection-united-states
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