Adulterated Products: What It Really Means (and Why Your State Should Care)

Ask my child what an adulterated product is and they’ll say something like, “Mom, that’s when you make something embarrassing and cringe.”

Ask an adult, and their mind goes straight to Netflix documentaries, the Tylenol Murders, or products contaminated with feces, like kratom (see Week 1’s Eat Pray Poo and Week 4’s Eat Pray Poo Part Two).

But “adulterated” isn’t just a buzzword. It’s a legal classification and one of the strongest tools states have to fight the exploding gas-station drug market.

Let’s break it down.

What “Adulterated” Means at the Federal Level

Under the Federal Food, Drug, and Cosmetic Act, a product is adulterated when:

• It contains any filthy, putrid, or decomposed substance
• It contains an unsafe ingredient
• It was produced, packed, or stored under unsanitary conditions
• It contains an unapproved drug or makes unapproved medical claims
• The label is misleading, or the contents don’t match what’s listed

In simple terms:

If a product poses a risk to people because of contamination, hidden ingredients, or dishonest marketing, the FDA can call it adulterated.

Kratom falls under this definition at the federal level because:

• The FDA has never approved kratom as a food or supplement
• Mitragynine and 7-OH are considered new, unsafe, unapproved drug ingredients
• Lab analyses show repeated contamination with heavy metals, Salmonella, and filth

So federally, kratom = adulterated.

But what about at the state level?

Adulteration at the State Level (And Why It Matters More Than Federal)

Every state has its own version of a Food, Drug, and Cosmetic Act. These laws give local health departments, police, and boards of pharmacy the power to take products off shelves immediately.

A state can define an adulterated product as one that:

• Contains any ingredient not allowed by the state
• Contains a drug not approved for human consumption
• Is contaminated or unsafe
• Makes medicinal claims without approval
• Does not meet state labeling requirements

Example (Easy Parent-Friendly Version)

If a vape shop sells a bottle labeled “Herbal Relaxation Drops” but it contains phenibut, tianeptine, akuamma, kratom, or anything not allowed as a dietary ingredient, that product is adulterated under state law.

And that gives the state the right to:

• Seize it
• Destroy it
• Fine the store
• Shut down repeat offenders

Federal action takes time. State laws work instantly.

How States Fight Back Against Adulterated Products

States use several tools:

1. Health Department Seizures

Inspectors can walk into a store, identify an adulterated product, and pull it from shelves on the spot.

2. Embargo Orders

The state tags a product “DO NOT SELL.” The store can’t touch it until the investigation is complete.

3. Civil or Criminal Penalties

Stores can face:

• Fines
• License suspensions
• Product destruction
• Loss of their business license

4. Targeted Bans

If a product becomes a widespread threat (tianeptine, nitazenes, kratom, blue lotus, phenibut), states can issue emergency rules or pass legislation that classifies these as:

• Adulterants
• Drugs of concern
• Hazardous additives

This gives local authorities clearer, faster enforcement pathways, especially in gas stations and vape shops.

But What If My State Has a “Kratom Consumer Protection Act”? Is Kratom Still Adulterated?

Yes. A KCPA does not magically un-adulterate an unapproved ingredient.

Unless kratom is:

• Approved as a dietary ingredient
• Approved as a food additive
• Approved as a drug

…it still meets both federal and state definitions of an adulterated product.

A KCPA (often written by the kratom industry itself) only regulates:

• Labeling
• Age of sale
• Purity within the kratom industry
• Vendor registration

It does not mean kratom is safe. It does not override state FD&C law. And it absolutely does not prevent health departments from seizing kratom that:

• Makes medical claims
• Is contaminated
• Has illegal ingredients
• Is sold in an unapproved form

If your gas station kratom says “pain relief,” “anxiety relief,” or “opioid withdrawal support,” it is adulterated, even in a KCPA state.

Final Word: Your Neighborhood Vape Stores Need Eyes

Gas station and vape shop shelves are changing every week, and states can only respond when people report what they’re seeing.

It’s important to:

• Visit the vape shops in your area
• Look at their “herbal” sections
• Check what’s being sold to kids
• Take photos of concerning products
• Report them to your local health department