A manufacturer of kratom products seized by U.S. authorities has asked a federal court in Oklahoma to dismiss a civil forfeiture action.
In court papers filed May 17, lawyers for Botanic Tonics LLC argued the government’s complaint “fails to even reference, let alone allege non-compliance with, the specific statute addressing whether new dietary ingredients are deemed adulterated.”
“Further, the complaint and its boilerplate language are bereft of facts that support the government’s conclusory allegations about the safety of kratom,” asserted the motion to dismiss, filed in the U.S. District for the Northern District of Oklahoma.
FDA, with the help of U.S. Marshals, recently seized articles containing kratom manufactured by Botanic Tonics of Broken Arrow, Oklahoma.
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