In a recent legal battle, Tobly McSmith, the owner of Here & Now cafe in New York City, has filed a lawsuit against the city for shutting down his establishment. The cafe, which opened in December 2022, specializes in serving teas made from kava and kratom, substances known for their relaxing properties. McSmith, who invested his life savings into the cafe, aimed to create a community space for recovering addicts to socialize without alcohol.
The NYC Health Department refused to renew the cafe’s permit in April 2023, citing health code violations and labeling the teas as “dangerous adulterants.” Despite multiple rulings from the Office of Administrative Trials and Hearings (OATH) in favor of the cafe, the city persisted in its stance, leading to the lawsuit. “It felt like a mission to be able to show people there’s a way to have a life and friends outside of alcohol. . . . The Health Department, without any rhyme or reason, is just taking that away from us,” McSmith told the New York Post.
McSmith’s lawyer argues that kava and kratom are widely available in New York, including in major stores like Whole Foods, and questions the city’s focus on shutting down small businesses like Here & Now. The legal battle has taken a toll on McSmith, both financially and emotionally, as he continues to fight for his business and the community it serves.
Background on Kava and Kratom
Kava is derived from the root of the kava plant, native to the Pacific Islands. It has been used for centuries in traditional ceremonies and is known for its calming effects. Kratom, on the other hand, is an herbal substance from Southeast Asia, traditionally used for its stimulant and pain-relieving properties. Both substances are legal in many parts of the United States but are not approved by the FDA as dietary supplements.
Legal and Regulatory Challenges
The case of Here & Now highlights the complex regulatory landscape surrounding kava and kratom. While these substances are legal, their use in food and beverages is often scrutinized. The NYC Health Department’s decision to label them as “dangerous adulterants” reflects ongoing concerns about their safety and the lack of FDA approval. This has led to a patchwork of regulations that can vary significantly from one jurisdiction to another.
Community Impact
McSmith’s cafe was more than just a business; it was a community hub for individuals seeking a social environment free from alcohol. The closure of Here & Now has disrupted this community, leaving many without a safe space to gather. McSmith’s legal battle is not just about reopening his cafe but also about preserving a vital community resource.
Broader Implications
This lawsuit could set a precedent for other businesses that serve kava and kratom. If McSmith succeeds, it may encourage other small business owners to challenge similar regulatory actions. Conversely, a loss could lead to stricter enforcement and more closures of establishments serving these substances.
The outcome of this legal battle will be closely watched by both supporters and critics of kava and kratom. For McSmith, it is a fight for his livelihood and the community he has built. For others, it is a test case that could shape the future of kava and kratom regulation in New York City and beyond.