Is Kava Legal and Safe? What Merchants and Payment Providers Should Know

Kava Root’s Roots

Kava, sometimes referred to as kava kava, can refer both to the plant Piper methysticum and the product derived from its roots. It has a long history of traditional use by cultures native to islands across the South Pacific. In these regions, the plant is more commonly known as yaqona, sakau, or malogu. Due to its widely known calming effects, the roots of the plant are often prepared as a beverage to be consumed during social ceremonies or to promote conflict resolution. In other parts of the world, kava has gained popularity as a natural remedy for anxiety, stress, and insomnia. However, concerns over its safety have periodically arisen, leading to the regulation of its sale and use in some jurisdictions.

Online, Kava is typically sold as capsules, extracts, or in powder form to be made into a tea.

Health and Safety Concerns of Kava

Although the exact causes remain unknown, kava has been linked to a number of adverse health effects. Most notably, cases of liver damage following the consumption of kava products ranging from hepatitis to liver failure have been documented in Switzerland and Germany. These are known to have resulted in the death of one patient, with four others requiring liver transplants. Additionally, prolonged consumption of kava is known to contribute to a skin condition known as “kava dermopathy,” where patients may develop a rash or dry, scaly skin. It is also thought to lead to reduced performance in cognitive tests. Because research is limited and often inconclusive, many health authorities continue to approach kava with caution.

Where Is Kava Restricted?

Kava’s legal status varies around the world. In 2002, several European countries along with Canada introduced bans on the importation and sale of kava products. In the United States, the Food and Drug Administration (FDA) issued a consumer advisory highlighting potential risks associated with its use. In the years that followed, some of these regulations were rolled back; however, the ingredient is still subject to varying degrees of regulation in countries around the world. Indonesia, Japan, Korea, and the Netherlands, for example, prohibit the inclusion of kava in dietary supplements, while France maintains an outright ban on kava in any form except certain approved homeopathic medicines.

What Consumers and Payment Providers Should Know About Kava

For consumers: Be aware that “natural” does not always mean safe. If you’re considering kava, speak with a healthcare professional first and avoid products that lack clear labeling or sourcing information.

For payment providers: Monitor your merchant portfolio for products like kava that are subject to shifting global regulations, and keep track of where merchants are selling their products since regulations vary. Failure to remove high-risk ingredients can lead to regulatory fines, reputational damage, or card network assessments.

Stay Ahead of Supplement Trends With LegitScript

Kava is just one example of how fast-changing regulations and consumer trends can expose businesses to risk. Regulations impacting the trade of kava will likely continue to evolve, and there’s no sign that demand will slow. At LegitScript, we understand the difficulties facing payment providers in navigating these rules and regulations. 

LegitScript has the world's largest database of problematic dietary supplements, designer drugs, pharmaceuticals, and other healthcare products, organized by country-specific regulations. Our team of policy experts and analysts empower payment providers to identify high-risk merchants, reduce exposure to regulatory action, and protect your brand and customers. Contact us to learn more about how our data and monitoring can help you.