KEBS: Issues Warning on S-Mark Misuse for Khat Beverages

• The Kenya Bureau of Standards (KEBS) has issued a warning against the unauthorized use of its Standardization Mark (S-Mark) on khat-infused beverages.
• Manufacturers are misrepresenting their products' certification status by using permits issued for fruit juices to market drinks containing Miraa or Muguka.
• Khat and its derivatives are explicitly excluded from KEBS's product certification scheme due to regulatory concerns over psychoactive compounds like cathinone and cathine.
• This misuse of the S-Mark can lead to enforcement actions under the Standards Act.
• KEBS is actively conducting market surveillance, has already revoked non-compliant permits, and advises consumers to verify product certification.

KEBS has explicitly clarified that khat and its derivatives are currently excluded from its product certification scheme, primarily due to regulatory concerns surrounding the plant’s psychoactive compounds.

The Kenya Bureau of Standards (KEBS) has recently issued a stern warning to manufacturers and traders concerning the improper application of its Standardization Mark, commonly known as the S-Mark. This alert specifically targets beverages infused with khat, also referred to as Miraa or Muguka. KEBS has identified a concerning trend where some producers are displaying the S-Mark on these khat-containing drinks, despite not having legitimate certification for such products.

The regulatory body highlighted that the permits being used by these manufacturers were originally issued for entirely different categories, such as fruit juices and other fruit-based beverages. By affixing the S-Mark to khat-infused products under these pretexts, companies are effectively misrepresenting the certified status of their goods. This practice not only deceives consumers but also undermines the integrity of the national certification system. KEBS has made it clear that such actions are a direct violation of established standards and will not be tolerated.

At the core of KEBS's warning is the explicit exclusion of khat and its derivatives from its official product certification scheme. This policy is rooted in significant regulatory considerations pertaining to the plant's inherent psychoactive constituents. Specifically, KEBS points to compounds like cathinone and cathine, which are known for their stimulant effects, as the primary reason for this exclusion. Consequently, any product containing these substances, including khat-infused beverages, is ineligible to bear the S-Mark.

KEBS has explicitly clarified that khat and its derivatives are currently excluded from its product certification scheme, primarily due to regulatory concerns surrounding the plant’s psychoactive compounds. This regulatory stance means that no manufacturer can legitimately obtain a KEBS S-Mark for products containing Miraa or Muguka. The agency's framework is designed to ensure that certified products meet specific safety and quality benchmarks, and the presence of uncertified psychoactive compounds prevents these beverages from qualifying. The misuse of the S-Mark in this context, therefore, directly contravenes the fundamental principles of the Standards Act, under which KEBS operates and enforces its mandates.

In response to these violations, KEBS has already initiated enforcement actions, including the revocation of certification permits for manufacturers found to be non-compliant. The agency has affirmed its commitment to continuous market surveillance as a crucial tool for identifying and penalizing both manufacturers and traders who persist in misusing the S-Mark on khat-infused products. This proactive approach underscores KEBS's dedication to maintaining the credibility of its certification process.

Furthermore, KEBS has urged consumers to play an active role in upholding product integrity by verifying the certification status of any product through the agency's official channels. This collaborative effort aims to safeguard public health and ensure that only genuinely certified goods are available in the market. KEBS reiterated its core mission: to protect consumers, preserve the integrity of its product certification system, and enforce compliance with all applicable Kenya Standards and regulatory requirements.

Lawyers advising beverage manufacturers must ensure clients understand KEBS's explicit exclusion of khat and its derivatives from product certification, preventing misuse of the S-Mark and avoiding enforcement actions under the Standards Act for misrepresenting product certification status.

Source: Reporting based on official agency communication