New NYS Regulation Blocks Sacred Root Kava Lounge & Tea Bar From Selling Signature Kava Drink
Sacred Root Kava Lounge & Tea Bar is now barred from selling its signature kava drink due to a new New York State Department of Health regulation.
Located at 139 West State St. beneath The Sun’s office, the downtown Ithaca staple offers a space for customers to relax, enjoy live music and connect with one another. As the only kava-focused establishment in Tompkins County, Sacred Root has built a dedicated following.
Sacred Root’s kava drink was made by steeping the root of the kava plant in water. Kava, a shrub native to the South Pacific, has been used by Pacific Islanders to promote physical relaxation for medicinal and ceremonial purposes.
In late October 2024, Paul Galgoczy, founder and co-owner of Sacred Root Kava Lounge & Tea Bar, was informed by the Tompkins County Health Department that kava was not approved as a food additive under NYSDOH regulations. This means kava could no longer be added to food or beverages at food service establishments.
The NYSDOH’s regulation follows a 2020 review by the U.S. Food and Drug Administration, which raised concerns about the safety of kava. Citing potential negative health impacts including liver damage, such as hepatitis and cirrhosis, the FDA concluded that kava is not generally recognized as safe for human consumption, meaning that kava was deemed not “adequately shown to be safe under the conditions of its intended use.”
Galgoczy challenged the FDA review, arguing that the review fails to make a distinction between kava as a dietary supplement and the traditional use of kava as an ingredient for tea.
“No matter how long you steep kava in water, it will only achieve a certain degree of potency — whereas supplements are made with chemical extractions of active ingredients, so they’ll use acetone or alcohol or other harsh chemicals to heighten and extract the active ingredients [and] concentrate them into a pill for maximum potency,” Galgoczy said.
Pointing to kava’s status in Michigan and Hawaii, where traditional use has been granted GRAS status, Galgoczy submitted a request to the NYSDOH to reconsider its regulation.
The NYSDOH rejected Galgoczy’s challenge, and the Tompkins County Health Department ordered Sacred Root to remove kava from the menu by January 1, 2025, or shut down.
The NYSDOH did not respond to a request for comment.
To keep the business afloat, Galgoczy “scrambled” to shift Sacred Root’s focus away from kava in a short time frame. While the lounge also serves as a live music venue and offers other non-alcoholic drinks, losing its signature kava beverage has placed a significant strain on the business.
“Prior to Jan. 1, kava was approximately 90 percent of our business sales, … so obviously, we’ve been severely impacted,” Galgoczy said. “Because we don’t have kava, we’re not doing the sales that we were before.”
Erika Busch, a regular customer at Sacred Root, said that she enjoys drinking kava for its taste and calming effect.
“Kava is like a bitter flavor, and I enjoy the bitter flavor. Some of the effects on your body — they’re very subtle but nice. There’s a relaxing quality to it,” Busch said.
When Busch learned that kava would be removed from Sacred Root’s menu, she was concerned that an alternative to Ithaca’s bars might be lost.
“I feel worried that in a place that can be very alcohol centric for social recreation, that there was the one place that wasn’t focused on [alcohol] that is feeling threatened and at risk,” Busch said.
Busch also expressed worries that the crackdown on kava could jeopardize the space’s sense of community.
“I come for open mic night pretty regularly, and [it] is just a really warm, connected [space] for people to go, be vulnerable, perform and support each other,” Busch said. “My worry was that the environment and space would be at risk, and that would be a huge loss in the community.”
Sacred Root’s struggle reflects a broader trend in New York, as kava bars across the state face threats of closure from regulators.
New York City has been cracking down on kava bars beginning in late 2022, with health officials issuing summons, seizing products and shutting down multiple kava bars. The legal battle is ongoing, with kava bar owners contesting the classification of kava as an unsafe food additive.
To raise awareness and advocate for the re-evaluation of kava regulations, Galgoczy has started a petition that has garnered over 860 signatures at time of publication.
Galgoczy is also considering legal action although he said it would be costly, especially given the financial challenges that Sacred Root is experiencing.
“We have an attorney who’s willing to work with us,” Galgoczy said. “They’re looking for $25,000 as a retainer just to cover what they might anticipate would be the amount of work involved, and we’ve had a severe reduction in the revenue so it puts us in a very tight place for having any leverage for action there.”
Ultimately, Galgoczy hopes to find additional support from a state-level representative who can help lead a push to grant GRAS status to the traditional kava drink. On the Sacred Root website, Galgoczy encourages customers and community members to write letters to New York State legislators and the NYSDOH.
“Our hope is to get some representative that has influence, to recognize this very legitimate community concern that is affecting people statewide, and be willing to create this generally recognized as safe exception [for the traditional kava drink],” Galgoczy said.