The trendy bar has hit roadblocks to opening in the state’s Department of Health. (Mike Platania photo)
Still stuck in regulatory limbo and unable to open, an upstart Fan bar is looking to the court system for help in its battle with the state health department.
Last week KavaClub, which will produce and serve kava, a nonalcoholic and psychoactive drink, filed a motion in Richmond Circuit Court seeking a temporary injunction that would allow it to open for business at 1529 W. Main St.
The bar has been in the works in the former Canon & Draw Brewing Co. space since early 2023, but in the spring the Virginia Department of Health denied KavaClub’s application for an operations permit. That decision, the VDH said, was because kava’s main ingredients are not Food and Drug Administration-approved and because of doubts from the regulator about the safety of kava.
The bitter beverage is made from the ground-up root of a type of pepper plant found in Polynesia, where it’s been consumed for thousands of years. Kava is often classified as a depressant or sedative that provides feelings of relaxation. In the early 2000s the FDA issued an advisory noting that kava-containing supplements may be associated with severe liver injury, according to the National Institutes of Health.
KavaClub appealed the VDH’s decision shortly after it was handed down, a process that is ongoing.
In the meantime, KavaClub and its founder, Fred Bryant, made a Aug. 14 circuit court filing that asks the court to award a temporary injunction, issue the bar the requested permit and stay the VDH’s decision until the appeal process concludes.
Even if it wins its case, KavaClub claims that its future might not be so rosy, alleging in court documents that it has suffered “massive economic losses” that have the potential to doom the business. The company goes on to claim that it has spent over $246,000 in its attempt to open the business, a total it says includes attorneys’ and consultants’ fees. Bryant has previously said that he’s KavaClub’s sole investor.
Named as defendants in the circuit court case are state Health Commissioner Karen Shelton, Richmond Health District Director Elaine Perry, as well as the Virginia State Board of Health and VDH.
A spokesman for the VDH’s Richmond and Henrico Health District (RHHD) said that it’s “RHHD’s duty, as the local public health agency, to ensure food safety and protect the health of Richmond and Henrico residents,” and that the district can’t comment further while the legal process is ongoing.
Bryant, in an emailed statement to BizSense last week, said “This matter is in the hands of the judicial system and the filing speaks for itself. Being put through this by the Commonwealth of Virginia is a professional and personal tragedy.
“KavaClub remains committed to our mission of providing Virginians with a creative, inclusive, and engaging space that nurtures human connection through high-quality, ethically-sourced Kava cocktails,” he said.
The trendy bar has hit roadblocks to opening in the state’s Department of Health. (Mike Platania photo)
Still stuck in regulatory limbo and unable to open, an upstart Fan bar is looking to the court system for help in its battle with the state health department.
Last week KavaClub, which will produce and serve kava, a nonalcoholic and psychoactive drink, filed a motion in Richmond Circuit Court seeking a temporary injunction that would allow it to open for business at 1529 W. Main St.
The bar has been in the works in the former Canon & Draw Brewing Co. space since early 2023, but in the spring the Virginia Department of Health denied KavaClub’s application for an operations permit. That decision, the VDH said, was because kava’s main ingredients are not Food and Drug Administration-approved and because of doubts from the regulator about the safety of kava.
The bitter beverage is made from the ground-up root of a type of pepper plant found in Polynesia, where it’s been consumed for thousands of years. Kava is often classified as a depressant or sedative that provides feelings of relaxation. In the early 2000s the FDA issued an advisory noting that kava-containing supplements may be associated with severe liver injury, according to the National Institutes of Health.
KavaClub appealed the VDH’s decision shortly after it was handed down, a process that is ongoing.
In the meantime, KavaClub and its founder, Fred Bryant, made a Aug. 14 circuit court filing that asks the court to award a temporary injunction, issue the bar the requested permit and stay the VDH’s decision until the appeal process concludes.
Even if it wins its case, KavaClub claims that its future might not be so rosy, alleging in court documents that it has suffered “massive economic losses” that have the potential to doom the business. The company goes on to claim that it has spent over $246,000 in its attempt to open the business, a total it says includes attorneys’ and consultants’ fees. Bryant has previously said that he’s KavaClub’s sole investor.
Named as defendants in the circuit court case are state Health Commissioner Karen Shelton, Richmond Health District Director Elaine Perry, as well as the Virginia State Board of Health and VDH.
A spokesman for the VDH’s Richmond and Henrico Health District (RHHD) said that it’s “RHHD’s duty, as the local public health agency, to ensure food safety and protect the health of Richmond and Henrico residents,” and that the district can’t comment further while the legal process is ongoing.
Bryant, in an emailed statement to BizSense last week, said “This matter is in the hands of the judicial system and the filing speaks for itself. Being put through this by the Commonwealth of Virginia is a professional and personal tragedy.
“KavaClub remains committed to our mission of providing Virginians with a creative, inclusive, and engaging space that nurtures human connection through high-quality, ethically-sourced Kava cocktails,” he said.
This will be a very costly fight. I hope your investors are on board, otherwise, start a give send go account – you will need it for the lawyer fees. Another tip, to help navigate the system (the administrative state), is to request a FOIA from VDH to get the names of the VDH enforcement management (supervisors and all the way up to the Directors of the Agency) for the last 10 years, and see if you can find / contact them to see if they would be willing to help give advice on how to navigate the “system/process” of… Read more »
See comment below…free advice try working with a member of GA to amend the law. It will be hard but better choice and statistical outcome than the courts. I knew this would end in a court fight and being a Dillon Rule state I doubt they have much of a legal path. It is an illegal additive under FDA food regulations and VDA mirrors FDA rules on additives. Or sell it as a supplement that customers buy and add to the drink themselves at home. That would be legal.
I had never heard of the Dillion Rule. Always glad to learn something. The Dillon Rule is a legal principle that local governments only have powers that are expressly granted by their state legislature123. It was derived from a written decision by Judge John F. Dillon of Iowa in 18684. It is a cornerstone of American municipal law4. It is used in interpreting state law when there is a question of whether or not a local government has a certain power5. So, unless the state passes a law banning Kava bars, the state, city and county can’t regulate them? Interesting thought. Also, there apparently… Read more »
If I was going to open a bar selling people psychedelic licks of Sonoran Desert toads, I would 1) make sure that operating a business selling people licks of Sonoran Desert toads was legal, and 2) … read more >
Ha! So true! lol! On the other hand. sometimes it is better to ask for forgiveness than seek approval…..
Not in Virginia. We run this place, legally speaking, with minimal nonsense and maximal “find out.”