USA - "Legal" drug as nutritional sup?

[bcubed]

I've read that the reason legal drugs are almost invariably labled "not for internal use" in the US is because they haven't been evaluated by he FDA.

BUT...

SWIb^3's dad was a moderately important manager for a certain nutritional supplement company (had a three-word name, usually referred to by its initials). They could sell stuff such as Ephedra and St. John's wort, that have brain effects, so long as they said: "This product has not been evaluated by the FDA. It is not intended to treat, cure, or prevent any disease." (Or similar.) They simply maintained the fiction that consumption of product was for "nutriative value."

So, suppose SWIb^3 wants to open a "kratom tea bar." as long as he found SOME nutrient present in kratom, claimed that it was being consumed for that effect, and that any intoxication is an "unwanted side effect," he should fall under the same protection, right?

[radiometer]

1) This sort of thing would cause the DEA to move on kratom and schedule it.

2) SWIY would then be left with a lost investment in a business which was no longer legal.

[bcubed]

Don't worry, this isn't SWIb^3's "get rich quick" scheme.

It's just that, having a dad in the "health food + supplements" biz, I'm not sure why legal drug sellers can't just use the same loophole vs. "not for human consumption."

The closest this might come to SWIM is offering to freinds.

[rushcreek]

Kratom is already not leagal to sell for human consumtion in USA.

and is sold as incence only

like Pods are for floral arrangements

from what i read this is true , but i could be wrong

[bcubed]

From erowid:

Kratom (Mitragyna speciosa) is uncontrolled in the United States. This means all parts of the plant and its extracts are legal to cultivate, buy, possess, and distribute (sell, trade or give) without a license or prescription. If sold as a supplement, sales must conform to U.S. supplement laws. If sold for consumption as a food or drug, sales are regulated by the FDA.

From what I know, anything can be sold as a foodstuff (food supplement) unless it is a poison, or contains a scheduled drug. Part of the "food supplement" exception is as quoted: no referring to it as a drug at all, be it a "fun" one or a "disease-curing" one.

With the proper boilerplate, selling for consumption should be legal.

[sparks1420]

first ephedra is legal again, but many products sold as nutritional supplements, many are sold under the prefix to be used as research products only, not to be used for human consumption, not sure as to what you are talking about, but i know many companies that get by saying that.. Not sure on the legality of it being that they arent registered with the the fda but it seems to be working