INDONESIA'S PRESIDENT MEETS BIDEN, URGES FREE TRADE OF KRATOM

Contained within a proposed federal Kratom Consumer Protection Act is a clause targeting the United States government’s ability to limit the import of the plant. It signifies a huge step forward in international kratom policy after years of limitations being placed on the industry by the Food and Drug Administration.

Lawmakers from Indonesia weren’t ready to wait and instead met with President Joe Biden on November 13th where the subject of kratom policy in America was part of the discussions.

That discussion centered on an import alert that was imposed by the FDA that limits the import of kratom due to fears of contamination and adulteration. Advocates have worked with lawmakers and regulators to try and find common ground and move past what has been called an FDA ‘pocket ban’--a delegation of Indonesian leadership took matters into their own hands this week to directly preach the impact this action has on working people and the climate abroad.

Indonesian President Joko Widodo, along with the leadership of the American Kratom Association, met with President Biden in what was dubbed a bilateral meeting to “highlight the kratom issue as a part of the trade discussions between the two countries.” Included in the meeting was former congressman Matt Salmon, the chairman of the AKA, who made it clear in a release that the FDA’s approach to kratom has serious effects on thousands of families and individuals.

“The FDA has improperly abused its import alert authority to create a de facto ban on kratom in the United States because the Agency cannot justify domestic scheduling of kratom that requires evidence and data,” Salmon said. “If this unjustified import alert is allowed to stay in effect, it will have catastrophic economic and climate impacts.”

Kratom’s History with the FDA

The import alert directly challenges kratom’s status as a dietary ingredient, which has led the AKA to work with lawmakers to pass legislation in a state-by-state patchwork to label kratom as such. There is also a federal version of the law in the works, dubbed the Federal Kratom Consumer Protection Act, which seeks to directly challenge the FDA’s authority to issue such import alerts.

It initially came after the FDA recommended kratom to be scheduled, twice, and was denied in both attempts. The back-and-forth over kratom even spilled onto social media in an exchange between officials directly involved in those discussions.

Scott Gottlieb is a former commissioner of the FDA, who took control of the agency on the heels of a failed attempt to schedule kratom in 2016. During Gottlieb’s time heading the FDA, another attempt was proposed but rejected.

In a post on X (formerly known as Twitter), Gottlieb claimed HHS “prevented” the FDA from scheduling kratom. In response, Dr. Brett Giroir, the Assistant Secretary for Health who oversaw the matter, clarified that the FDA can only recommend such an action. Giroir added that the suggestion was “rejected b/c of embarrassingly poor evidence & data, and a failure to consider overall public health.”

Now it appears that lack of consideration goes beyond a failure to consider public health: It’s running a risk of affecting climate change in areas that grow and harvest kratom.

Consequences Felt Abroad

This matter became increasingly important after the FDA made it clear earlier this year that it was going to continue its opposition to kratom. A shipment worth an estimated $1.14 billion was seized after a months-long process, aided by the FDA, to intercept kratom sent from Indonesia and headed to Los Angeles.

Malaysia even hosted a summit to discuss kratom policy and kratom science as more and more countries and government bodies take a closer look at the science of kratom. That same science has not been enough to take action against kratom in the United States, but it does allow the FDA to target the plant.

Countries like Indonesia are caught in the legal gray area as the FDA continues to maintain its opposition to a legal, regulated kratom industry. Part of the discussions with President Biden included a letter from Governor Harison Az-roi, who oversees the region where kratom farming is centered.

Gov. Harison made it clear, that the action of the FDA is currently affecting hundreds of thousands of families in his part of the world and could have drastic effects in the future.

“The Import Alert has harmed the more than 250,000 kratom farmers and their families who have no other reasonable options for a livelihood,” the letter said. “If (the import alert) stays in place it will inevitably result in the deforestation of more than 21 million kratom trees in the highly sensitive Borneo rainforest.”

Beyond the potential climate effects, Salmon pointed out that the idea of banning the import of kratom directly goes with the stated goals of the current administration. On the macro level, banning kratom imports affects Indonesia’s economy while hundreds of thousands of farmers miss out on the potential income from the industry.

By ignoring those working families and taking action against economic cooperation, Salmon said the FDA is working against the plan put in place by the country’s chief executive.

“The kratom import alert directly contradicts the Biden Administration’s goals for building strong trading relationships with Indonesia,” Salmon said. “For every step forward the Biden Administration foreign policy has taken in this region, the FDA’s kratom import alert pushes us ten steps back.”

Even the Chief of Staff of The President of the Republic of Indonesia General TNI (Ret.) Dr. Moeldoko has urged the FDA to lift the import alert. Unfortunately, the FDA has yet to respond.