Kava is a food – US ruling clears murky legal waters

THE United States Food and Drug Administration (FDA) has officially confirmed that kava is a conventional food under federal law.

THE United States Food and Drug Administration (FDA) has officially confirmed that kava is a conventional food under federal law. 

This acknowledgment marks a pivotal moment in the understanding of kava, which has been mired in controversy in the US and Europe ever since exports began in the early 1990s.

The FDA has affirmed that when kava is prepared in the traditional manner – steeped in water – as a beverage it  holds a legitimate and established place within the US food landscape.

For policymakers and health inspectors, this provides a clear basis for how kava should be approached within existing food safety processes.

Pacific exporters have faced difficulties with sending the crop to some countries because of the negative publicity around kava being mixed with non-traditional substances, including alcohol and narcotics.

The FDA clarification will support the efforts of Pacific exports to grow the market in Australia and Europe where legislation has been a stumbling block. Some countries classify kava as a drug.

A growing interest in the drink on the US West Coast has led to increased exports from the Pacific and creation of establishments – sometimes known as kava bars – which have gained popularity in the last 10 years.

Vanuatu and Fiji kava exports to the US in 2024 were worth between $USD26 and $USD45 million.

In a written statement, the FDA said longstanding cultural use of kava as a beverage informed how federal law evaluates traditional foods, and this history shaped the FDA’s recent clarification.

“You are correct that kava mixed with water as a single ingredient conventional food would generally not be regulated as a food additive if the tea is consumed as food,” the FDA statement said.