CDPH file photo of illegal Kratom products
Related: California Department of Public Health (CDPH) Warns Retailers and Public About the Dangers of Kratom-derived Products and 7-OH
Kratom and 7-OH products are illegal to manufacture or sell for consumption in California
What You Need to Know: The California Department of Public Health (CDPH) has filed a legal complaint against Ashlynn Marketing Group for manufacturing and distributing illegal kratom-derived products. 7-OH and kratom-derived products are illegal to manufacture or sell for consumption in California, and have been associated with addiction, serious harm, overdose and death.
May 2, 2026 - Sacramento – The California Department of Public Health (CDPH) and Attorney General Bonta have filed a legal complaint in San Diego County Superior Court against Ashlynn Marketing Group, Inc., doing business as Krave, Krave Kratom, and/or Krave Botanicals, for repeatedly manufacturing and distributing adulterated and illegal kratom‑derived food products and for interfering with a CDPH embargo in violation of state law. The filing seeks a court order to condemn and destroy the embargoed kratom products, halt ongoing unlawful manufacturing, and impose civil penalties.
“CDPH is pursuing legal action because Ashlynn’s continued manufacture and sale of these products pose a clear and preventable public‑health risk and violates state and federal law,” said CDPH Director and State Public Health Officer Dr. Erica Pan. “7-OH and kratom-derived products have been associated with addiction, serious health harms, overdose and death.”
CDPH reported in a January 16, 2026 news release that kratom‑derived products and 7‑OH have been linked to multiple overdose deaths, including six fatalities in Los Angeles County. Kratom and kratom derivatives, including the highly potent compound 7‑hydroxymitragynine (7‑OH), are illegal to manufacture or sell for consumption in California.
Under the Sherman Food, Drug and Cosmetic Act (aka Sherman Law), CDPH has authority specific to adulterated or misbranded food, drugs, medical devices and cosmetics. Food and dietary supplements containing kratom and/or 7-OH are adulterated pursuant to federal and state law, making them illegal to manufacture or sell for consumption.
According to the U.S. Food and Drug Administration (FDA), “there are no prescription or over-the-counter drug products containing kratom or it’s known alkaloids that are legally on the market in the U.S.” The FDA has warned consumers not to use kratom “because of the risk of serious adverse events, including liver toxicity, seizures, and substance use disorder (SUD).”
Company Violated CDPH Embargo
In May 2025, CDPH’s Food and Drug Branch inspected the company’s facility in Santee, California and found kratom powders, capsules, liquids, and chewable tablets being manufactured and held for sale. CDPH issued an embargo to prohibit the sale and distribution of all kratom materials on‐site.
CDPH investigators conducted follow-up visits at Ashlynn Marketing Group in October 2025 and April 2026, collecting evidence at both inspections that indicated embargoed kratom products had been moved, tampered with and repackaged. In addition, investigators observed evidence of continued manufacturing and distribution of kratom materials. CDPH has issued written Notices of Violation and ordered the firm’s owner to stop manufacturing kratom. The firm’s owner continues to manufacture kratom products and ships orders weekly.
The Department’s legal complaint seeks:
- A court order prohibiting further manufacture, processing or distribution of kratom‑containing food products.
- Court‑ordered condemnation and destruction of all embargoed kratom materials.
- Civil penalties of up to $1,000 per day for each violation.
- Recovery of investigative and enforcement costs.
CDPH response to health risks posed by kratom and 7-OH products
CDPH urges the public to avoid all kratom‑derived and 7‑OH products. These substances are typically sold as beverages, powders, capsules, gummies, or “energy shots” and may be labeled as “plant alkaloids” or “dietary supplements.”
To date, CDPH has seized more than $5 million in kratom and 7‑OH products statewide and continues enforcement actions in collaboration with the California Department of Alcoholic Beverage Control and the California Department of Tax and Fee Administration. These efforts include retailer education, warnings, inspections, and legal actions such as the complaint filed against Ashlynn Marketing.
Source: CDPH
