RICHMOND, Va. (WRIC) -- A non-alcoholic bar selling Kava tea in Richmond was sent a cease-and-desist letter by the Virginia Department of Health (VDH) for recently hosting an event for a sober group. 8News previously reported about the obstacles “KavaClub” faced when applying for a business permit last year. KavaClub owner Fred Bryant explained that the business entered into a consent decree with the VDH earlier this year that finally allowed them to sell raw kava tea under certain guidelines. "It felt like it was meant to do nothing but cause us harm and left a very uncomfortable amount of discretion," Bryant said. Bryant said kava is a plant that has a mild psychoactive effect on its users when brewed and ingested. It is legal to purchase it in the Commonwealth. One of the VDH's regulations was that KavaClub had to ensure an "honest presentation of kava," meaning they are not allowed to advertise it as an alternative to alcohol or as an option for people trying to stay sober. This specific guideline caused the business to encounter a bump in the road after they recently hosted an event for a support group called "Riffs and Recovery." Bryant explained that, when VDH heard this event had taken place, it sent a 2-page cease and desist letter saying KavaClub potentially violated its decree. "KavaClub's hosting and advertisement of this event for those 'interested in sobriety' is potentially misleading, because KavaClub's primary product is kava," reads a portion of that letter. "As you know, kava is a psychoactive substance which, if ingested by a person struggling with substance abuse, could potentially derail their sobriety." 19-year-old entrepreneur ‘Cookie Chris’ opens second shop in Henrico Bryant said he believes it was a move to ban sober groups from congregating at the business -- but this letter won't stop them. "We're going to continue to push forward right and allow these people to meet here, because our job is not to be the long arm of the Attorney General's office or the Department of Health," Bryant said. "Our job is to create a welcoming space for people who don't want to be in an alcohol-centric environment but still want the ability to be social." A spokesperson with the Virginia Department of Health sent 8News a statement about the latest situation. Part of it reads as follows: “On March 26, 2024, KavaClub voluntarily entered into a consent decree with the Virginia Department of Health. As kava is a psychoactive and intoxicating substance, the terms of this consent decree included KavaClub’s agreement that they would not advertise or promote kava, “1) as an alternative to alcohol; 2) as a food or beverage for people trying to stay sober; or 3) as a food or beverage that will help any person stay sober.    VDH has issued a cease-and-desist letter to KavaClub informing them that their recent actions may violate the aforementioned terms of the consent decree and requests that they take action to comply with the terms of the consent decree. VDH has not made a formal case decision or issued an administrative order relating to this potential dispute. VDH continues to monitor and investigate this matter in an effort to ensure compliance with the consent decree.   VDH does not endorse the use of kava, but to the extent that members of the public decide to try it, VDH recommends the use of kava to be limited to healthy adults who are not already under the influence of other substances like alcohol, marijuana, or prescription medications. After thorough research and investigation, the FDA has expressed that it is “not aware of a basis for” the “use of kava as an ingredient in conventional foods” “to be considered as generally recognized as safe.” The FDA has documented the potential for causing serious and long-lasting injuries including, but not limited to, hepatoxicity (liver toxicity) and scaly skin rash.”  Statement from the Virginia Department of Health According to Bryant, the crux of the issue between his business and the VDH is kava being classified as a food additive, which he argues it is not. He said it is a dietary supplement, based on information he has received from the FDA.   He added that the latest hurdle won’t stop them from pushing forward.  "They should be ashamed of themselves," Bryant said. "They've done a major disservice to the Commonwealth. They've done a major disservice to a lot of the citizens, as well, who are seeking non-alcohol-centric third places to socialize and gather."