Richmond business finally able to sell kava tea after year-long battle against Virginia

RICHMOND, Va. (WRIC) — A Richmond business aiming to sell kava tea is finally able to after a year-long battle with the state of Virginia.

8News previously reported about the obstacles “KavaClub” faced when applying for a business permit last year. Now, KavaClub’s doors are officially open , and as of April 24, they are allowed to sell kava tea.

“We’re just trying to figure out what’s the best path forward, but we can serve kava, and that’s been our goal,” said Fred Bryant, the co-founder of KavaClub. “It’s a big step forward.”

Bryant said kava is a plant that has a mild psychoactive effect on its users when brewed and is legal in the Commonwealth.

Bryant was finally able to open his Fan district business in February, after a year-long battle with the state. He said the state had been classifying kava as a food additive, which delayed the business opening and being able to eventually sell the tea.

“The state decided that they would negotiate a consent decree, which would allow us to serve raw kava tea only,” Bryant said.

However, Bryant explained they are facing many restrictions on how they can serve kava. He explained they are only able to brew it in water and only able to serve it to people over the age of 21.

8News reached out to the Virginia Department of Health (VDH) for more information about the requirements KavaClub needs to follow in order to sell kava tea. Dr. Elaine Perry, Health Director for the Richmond and Henrico Health Districts (RHHD), sent the following statement in response:

“KavaClub has been granted a permit to serve tea made from kava root or powder combined with water and no other substance. The comprehensive list of permit requirements for serving kava tea is included in the State Board of Health Order by Consent. What follows is a summary of the requirements. KavaClub may only serve the noble variety of kava and must submit test results verifying that the kava is of the noble variety and that it is free from contamination from E. coli and other potential pathogens or toxins. KavaClub is required to prominently display warning signage in its facility advising customers that kava is mildly intoxicating and psychoactive and that those with liver damage or disease are cautioned against consumption of kava. KavaClub will not be allowed to serve kava to intoxicated persons or anyone under the age of 21. KavaClub shall not advertise or promote kava as an alternative to alcohol, as a food or beverage for people trying to stay sober, or as a food or beverage that will help any person stay sober. KavaClub has submitted to VDH a list of medications compiled by food scientists from Virginia State University that are known to have interactions with kava tea. This list shall be made available to consumers by request and shall be included in all staff training.”

Dr. Elaine Perry, RHHD Health Director.

Bryant said these restrictions are putting a lot of strain on his business, which he said has suffered enough financially.

“By restricting us to only serving raw kava tea, that makes it very, very difficult for us to be able to reach the size of audience that we’d like to,” Bryant said.

To make up for the loss of revenue of not being able to sell kava, they recently partnered with the Richmond business ‘Soul Taco’ to sell tacos. However, he said they were told they could no longer do this, because Soul Taco doesn’t have the proper permits.

“It just feels like the rug was pulled out from under me,” said Trey Owens, co-owner of Soul Taco. “I just lost a bunch of money trying to do business after trying to do everything right,”

Bryant said this latest obstacle won’t stop his business from pushing forward.

“It’s not my nature to quit or slow down, especially when I think that there’s things here that need to change,” said Bryant.

8News also asked RHHD about the decision to prohibit Soul Taco from serving food at KavaClub. Dr. Elaine Perry sent the following response:

“KavaClub has been serving tacos produced by another facility, Soul Taco. Soul Taco has a permit from the Virginia Department of Health that allows them to sell foods directly to a consumer. Under Virginia law, vendors preparing food for sale at wholesale, i.e., not directly to the end consumer, require permitting from the Virginia Department of Agriculture and Consumer Services (VDACS). On May 1, 2024, it came to Richmond and Henrico Health District’s (RHHD) attention that Soul Taco did not possess the required permits. RHHD has provided Soul Taco with information on the VDACS application process for wholesale distribution. In the meantime, RHHD provided alternative solutions that would allow KavaClub to continue its lunch service.”

Dr. Elaine Perry, RHHD Health Director.

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