Kava in Crisis? How New York’s Ban on Traditional Kava Drinks Impacts Bars and Users Nationwide

Kava, the calming root from the South Pacific, has long been celebrated for its stress-relieving and mood-enhancing properties. Traditionally consumed as a beverage made from ground root, kava is deeply embedded in cultural rituals and modern wellness routines alike. But in March 2025, New York State issued a new regulation that prohibits the sale of traditional kava beverages, citing concerns about safety and lack of FDA approval. This legislative action has sent shockwaves through the kava community, both in New York and across the United States.

The decision is part of an ongoing debate in the U.S. over how to regulate traditional plant-based substances, especially when they cross into food and beverage territory. While kava has not been banned outright, the ban on its beverage form significantly alters how and where consumers can experience it.

What Exactly Does the NYS Regulation Say?

The New York State Department of Health (NYSDOH) now classifies traditional kava drinks as unapproved food additives, effectively banning their sale in establishments that serve food or beverages. This aligns with a 2020 FDA review that declared kava is not “Generally Recognized as Safe” (GRAS) for inclusion in food or drinks.

“Based on these concerns, the FDA concluded that kava is not generally recognized as safe for human consumption,” stated the agency, highlighting potential risks such as liver toxicity, hepatitis, and cirrhosis.

The NYSDOH’s action does not apply to kava supplements, which fall under different federal guidelines governed by the Dietary Supplement Health and Education Act (DSHEA) of 1994. This discrepancy highlights a regulatory gap between food additives and supplements in U.S. policy.

Why Was Kava Targeted?

Health officials cite concerns over kava’s hepatotoxic potential. Research on the topic remains inconclusive but suggests that improper extraction methods, contamination, or overuse may lead to liver damage. Cornell University professor Dr. Giulia Friso, who teaches “Medicinal Ethnobotany,” explained:

“While kava may be effective in reducing anxiety and promoting relaxation, it should be used cautiously, especially in high doses or with alcohol, as it may have hepatotoxic effects if misused.” — Dr. Giulia Friso, The Cornell Daily Sun, March 2025

Friso also emphasized the difference between traditional preparation — using just the root and cold water — versus Western extracts, which can include aerial parts of the plant or harsh solvents. “Extracts are also more concentrated, which increases the risk of side effects like liver issues if taken in excess,” she noted.

Immediate Impact on Kava Bars

For kava lounges, the regulation is more than a legal change — it’s an existential threat. In Ithaca, Sacred Root Kava Lounge & Tea Bar, a popular local hub, was forced to halt its drink sales, undermining the core of its business model.

“This is absolutely absurd. Alcohol is legal and so many more obviously known-to-be-harmful substances are allowed to be used, while something like this, which in its natural form has so much positive impact on the people that use it, is being restricted.” — Paul Galgoczy, co-founder of Sacred Root Kava Lounge, The Cornell Daily Sun, March 2025

The social nature of kava — consumed in groups for ceremonial and therapeutic purposes — doesn’t translate easily to capsules or tinctures. The regulation, therefore, threatens to erase an entire cultural and wellness experience in New York.

Consumer Backlash and Community Concerns

Kava users have reacted strongly, arguing the decision is both scientifically outdated and culturally insensitive. Many view the regulation as paternalistic and uninformed, especially considering kava’s 3,000+ years of safe use across Oceania.

“It’s frustrating to see a plant with such rich tradition and relatively few side effects — when properly used — being treated like a dangerous drug, while alcohol and opioids continue to devastate communities unchecked,” commented a Reddit user in the r/Kava community, reflecting the broader sentiment.

Are Supplements Still Safe (Legally)?

Yes — but inconsistently regulated. Under DSHEA, supplement companies can bring products to market without FDA pre-approval, as long as they don’t make disease-treatment claims. While many kava vendors follow GMP certification standards, not all do.

This leaves consumers navigating a landscape where the same root is banned in one form and unregulated in another. As Dr. Friso warns, “The way kava is processed or consumed can significantly impact its safety.” Purchasing kava through a reputable supplier, like Kava Depot, is the best way to ensure your kava is of high quality and free of impurities.

Calls for Better Science and Smarter Policy

Assemblywoman Anna Kelles, who holds a Ph.D. in nutritional science, criticized the FDA’s limited ability to regulate food additives and pushed for more evidence-based policymaking. She explained:

“It isn’t that kava is proven unsafe, but rather, a comprehensive analysis hasn’t been done and therefore it’s defaulted to simply not being approved.” — Anna Kelles, NY Assemblywoman, The Cornell Daily Sun, March 2025

She attributed this to the FDA’s underfunding and reliance on industry-submitted data. This systemic issue affects not only kava, but the evaluation process for countless food additives and herbal ingredients.

Wider Implications: Could Other States Follow?

Regulatory ripple effects are likely. Without federal clarity, states may issue their own rulings. This patchwork policy landscape could disrupt the growing kava industry, now worth an estimated USD 200 million globally.

Retailers and importers may see reduced demand, while consumers face diminished access — not just in New York, but potentially in other regulatory-active states like California or Oregon.

What the Kava Community Can Do

Kava advocates are mobilizing across platforms to lobby for fairer policies. The American Herbal Products Association (AHPA) encourages brands to provide transparent labeling, third-party testing, and cultural education to consumers. Here’s how users and businesses can help:

• Support petitions, such as the one on change.org or the one at kavahana.com, calling for protection and nuanced regulation of traditional herbal products.
• Educate consumers on safe use, especially distinguishing between extract types.
• Participate in public comment periods for FDA or state legislation.
• Encourage academic institutions to expand research on kava’s pharmacology and long-term safety.

A Cultural Plant at a Regulatory Crossroads

New York’s ban on traditional kava beverages marks a significant moment in the U.S. herbal wellness space. While concerns about safety are valid, the lack of thorough scientific analysis and regulatory consistency raises questions about fairness and cultural respect. As other states watch and wait, the kava community must rally around transparency, education, and responsible use to ensure this sacred root isn’t lost to regulatory ambiguity.

Ultimately, what kava needs is not fear-based policy, but science-backed clarity that honors its traditional roots while ensuring modern safety — a balance worth striving for in a world rediscovering the value of plant-based wellness.