kratom products; packaging; advertising

Plain English Breakdown

The official summary does not provide information on what happens if someone breaks these rules or how it will affect existing businesses that sell kratom products.

Kratom Product Rules

This bill sets rules for how kratom products are stored behind the sales counter and prohibits false packaging, misleading labeling, and advertising that targets children.

What This Bill Does

• Requires all kratom products to be kept behind the sales counter in stores.
• Does not allow packaging or labeling of kratom products that is false or misleading.
• Prohibits making or selling kratom products that look like humans, animals, insects, fruits, toys, or cartoons.
• Forbids naming or advertising kratom products after food and drink brands for children.

Who It Names or Affects

• Retailers who sell kratom products
• Manufacturers of kratom products

Terms To Know

Kratom

A plant native to Southeast Asia that can have stimulant and sedative effects when consumed.

Processor

Someone who makes or prepares kratom products for sale.

Limits and Unknowns

• The bill does not specify what happens if someone breaks these rules.
• It is unclear how this will affect existing businesses that sell kratom products.

Official Summary Text

SB1492 - 572R - Senate Fact Sheet

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ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
S.B. 1492

kratom
products; packaging; advertising

Purpose

Adds vending, packaging, manufacturing and advertising requirements for
kratom products.

Background

Mitragyna speciosa, commonly known as kratom, is a tropical plant native
to Southeast Asia whose main constituent alkaloids are mitragynine and
7-hydroxymitragynine. According to the U.S. Drug Enforcement Administration
(U.S. DEA), the kratom plant's leaves, if consumed or ingested, can produce
both stimulant and sedative effects in different doses (
U.S. DEA
).

Kratom qualifies as a dietary
ingredient under the federal Food, Drug and Cosmetic Act and is regulated by
the U.S. Food and Drug Administration (U.S. FDA) as a dietary supplement.
Kratom has not been approved by the U.S. FDA for any medical use and is not
scheduled as a

controlled substance
by the U.S. DEA (
U.S. FDA Import Alert 54-15
; 21 U.S.C. ��
321
;

812
;
and

350
).

In 2019, the Legislature enacted the
Kratom Consumer Protection Act

which prohibits a dealer from distributing, selling or exposing for sale a kratom
product to an individual under the age of 18, establishes disclosure requirements
for kratom products and classifies a violation of prescribed kratom product
requirements by a processor or retailer as a class 2 misdemeanor. In addition, a
person aggrieved by a violation of prescribed kratom product requirements may
bring a private cause of action in a court of competent jurisdiction for
damages resulting from that violation, including economic, noneconomic or
consequential damages
(
‎Laws 2019, Ch. 156
;

A.R.S. Title 36, Chapter 6,
Article 10
).

There is no anticipated fiscal impact
to the state General Fund associated with this legislation.

Provisions

1.

Requires a retailer to keep all kratom products behind the sales
counter.

2.

Prohibits a processor or retailer from:

a)

packaging
or labeling any kratom product in a false or misleading manner;

b)

manufacturing
or selling any kratom product that resembles the form of a human, animal,
insect, fruit, toy or cartoon; or

c)

selling or advertising any kratom product with a name that resembles or
imitates food or drink brands marketed to children or otherwise advertise
kratom products to children.

3.

Becomes
effective on the general effective date.

Prepared by Senate Research

February 9, 2026

JT/NRG/ci

Current Bill Text

SB1492 - 572R - I Ver

REFERENCE TITLE:
kratom products; packaging; advertising

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1492

Introduced by

Senator
Shope

AN
ACT

Amending title 36, chapter 6, article 10,
Arizona Revised Statutes, by adding section 36-795.04; relating to kratom
products.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 36, chapter 6, article 10,
Arizona Revised Statutes, is amended by adding section 36-795.04, to read:

START_STATUTE
36-795.04.

Kratom products; storage; packaging; advertising

A. A retailer shall keep all kratom
products behind the sales counter.

B. A processor or retailer may not:

1. Package or label any kratom
product in a false or misleading manner.

2. Manufacture or sell any kratom
product that resembles the form of a human, animal, insect, fruit, toy or
cartoon.

3. Sell or advertise any kratom
product with a name that resembles or imitates food or drink brands marketed to
children, or otherwise advertise kratom products to children.
END_STATUTE