The legality of kava, also called Piper methysticum, is murky indeed. As of 2011, it is legal in the U.S. for some purposes but not for others. This ambiguity is observed throughout the world, as different countries have various and equally unclear laws regarding the sale, use and import of kava.
Kava Defined
Kava is a plant indigenous to the islands in the South Pacific. Traditionally, the roots were brewed into a tea drunk by Pacific islanders on ceremonial occasions. Periodic stories of people arrested for driving under the influence of kava suggest that kava might be a cheap high. The plant is generally recognized to be a relaxant and possible treatment for anxiety, stress and related disorders.
FDA Warning
In 2002, the FDA issued a warning about dietary supplements that contain kava in response to research reports from Germany and Switzerland that showed kava was associated with severe liver damage.The U.S. Centers for Disease Control also reported two American cases of women who needed liver transplants after using kava. In 2004, companies such as Mind's Eye received warning letters from the FDA that noted "Kava is not an approved food additive for use in beverages." While kava supplements are no longer available and drinks containing kava have all but disappeared from the American market, teabags containing kava continue to be legally sold.
Monitoring
SInce kava has been associated with liver disease, the FDA monitors kava products for pesticide residues. Studies conducted in 2006 show that the ten different samples of imported kava examined were free from these residues. This was not true for samples of St. John's wort and echinacea, which showed traces of DDT and dieldrin.
Other Countries
As of 2009, it is legal to possess and market kava in Australia, but a license is reported to important kava into the country. Britain banned the sale of medicines that contain kava extracts. In Canada, products containing kava are banned, but supplements remain legal.
References
- U.S. Centers for Disease Control: Morbidity and Mortality Weekly Report; Hepatic Toxicity Possibly Associated with Kava-Containing Products - United States, Germany, and Switzerland, 1999-2002; Nov. 2002
- Kona Kava Farm: Kava Worldwide Legal Status; Makaira; 2009
- Cochrane Database of Systematic Review: Kava Extract Versus Placebo for Treating Anxiety; 2003
- U.S. FDA: Mind's Eye Juice Company 03-Dec-04
- USA TODAY: FDA concerned about trendy brew;Donna Leinwand; Dec. 2005
- U.S. FDA: Consumer Advisory: Kava-Containing Dietary Supplements May be Associated with Severe Liver Injury; May, 2005
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