Kratom's Hidden Danger: $11M Verdicts, 5 Million Users, and a Mass Tort Crisis Exploding Across America

What Is Kratom — And Why Are Lawyers Calling It the Next Mass Tort?

Kratom is an herbal substance derived from the leaves of the Mitragyna speciosa tree, native to Southeast Asia. For years, it was sold in gas stations, smoke shops, and online storefronts as a "natural" supplement promising pain relief, energy, and mood support. But behind that green packaging and wellness branding lies a substance that federal regulators, medical experts, and now juries across the country have concluded is dangerous, addictive, and — in a growing number of cases — deadly [1].

The U.S. Food and Drug Administration (FDA) has stated unequivocally that kratom is "unsafe and ineffective" for treating any medical condition [28]. The U.S. Drug Enforcement Administration (DEA) classifies it as a "Drug and Chemical of Concern" and maintains it has "no legitimate medical use in the United States" [31]. Yet despite these warnings, kratom products — including concentrated derivative compounds — have been sold openly and aggressively marketed to millions of Americans, many of whom had no idea what they were consuming [3].

Now the legal system is catching up. Wrongful death lawsuits, class actions, and state enforcement actions are proliferating at a pace that mass tort attorneys say signals the early stages of a full-scale litigation wave. An $11 million Florida jury verdict, a landmark $2.5 million Washington state verdict, and an $8.75 million class action settlement have already put the industry on notice [4]. More cases are being filed every month — and the scientific, regulatory, and legal foundation for holding manufacturers and sellers accountable has never been stronger [6].

The Science: How Kratom Works — and Why It's So Dangerous

Kratom contains two primary alkaloids — mitragynine and 7-hydroxymitragynine (7-OH) — that bind to opioid receptors in the brain, producing effects that mimic both opioids and stimulants [32]. At low doses, users experience stimulant-like effects. At higher doses, kratom acts like an opioid, causing sedation, pain relief, and euphoria [25]. This dual action is precisely what makes kratom so deceptive: it is sold as a natural herb, but it engages the same neurological pathways as morphine and heroin.

The concentrated kratom byproduct 7-hydroxymitragynine is especially alarming. On July 29, 2025, the FDA formally recommended that 7-OH be scheduled under the Controlled Substances Act, noting that it is up to 30 times more potent than morphine [28]. The FDA has rejected all six New Drug Applications submitted for kratom, and as of July 2025, it had issued warning letters to seven companies for illegally marketing kratom products — including tablets, gummies, drink mixes, and shots [30].

The adverse health effects documented by researchers and poison control centers span a wide spectrum. Mild effects include nausea, constipation, dizziness, and drowsiness [25]. But severe and life-threatening effects have also been reported, including liver damage (hepatotoxicity), seizures, respiratory depression, dangerously high blood pressure, hallucinations, delusions, psychosis, tremors, and in some cases, death [1]. Overdose symptoms can also include anorexia, rapid weight loss, severe agitation, tachycardia, hypertension, and coma [19].

Long-term kratom use can produce physical dependence, tolerance, and a withdrawal syndrome that closely mirrors opioid withdrawal — including muscle aches, insomnia, sweating, chills, nausea, vomiting, diarrhea, intense anxiety, and cravings [33]. The Mayo Clinic has documented these withdrawal effects and warns that kratom's safety profile is not well-established [25]. The National Institutes of Health has similarly flagged kratom as a substance of growing concern based on the mounting case reports and clinical data [32].

The Scale of the Crisis: 5 Million Users, 14,000+ Poison Reports, and Dozens of Deaths

The numbers tell a sobering story. According to the National Survey on Drug Use and Health, an estimated 1.84% of Americans aged 12 and older — more than 5 million people — reported having used kratom in 2023, up from 1.62% in 2021 [1]. That represents a rapidly expanding pool of potential victims.

The Centers for Disease Control and Prevention (CDC) reported that poison control centers received 14,449 kratom exposure reports over an eleven-year period as of March 2026 — representing an increase of approximately 1,200% compared to reports in 2015 [4]. From 2014 through 2019 alone, over 3,400 reports about kratom use were submitted to U.S. poison control centers, including reports of death [6]. The CDC has documented at least 91 deaths linked to kratom [5].

The crisis is not abstract. People of all ages have been affected — from a 3-month-old baby accidentally exposed to kratom, to individuals as old as 97 [4]. In Florida, poison control centers received 95 calls specifically about 7-OH and other kratom derivatives in just the first four months of 2026 [12]. The scope of harm is widespread, the victims are diverse, and — critically for purposes of mass tort litigation — many of them share a common thread: they were never adequately warned.

The Lawsuits: Wrongful Death, Class Actions, and State Enforcement

Kratom litigation is accelerating across the country. While no overarching Multidistrict Litigation (MDL) has yet been established for kratom cases, lawsuits are being filed across numerous states — including Washington, Florida, New York, Georgia, Texas, and Oregon — and legal experts increasingly view kratom as a prime candidate for consolidated federal litigation [2].

The legal theories underlying these cases are well-established in mass tort law: strict product liability, negligence, failure to warn, breach of warranty, fraud, and wrongful death [3]. At the core of most cases is a straightforward allegation — that manufacturers, distributors, and retailers of kratom products promoted them for benefits like pain relief, energy, or mood support while deliberately concealing or minimizing their addictive nature and severe health risks [14].

The $11 Million Florida Verdict

One of the most consequential verdicts to date came out of Palm Beach County, Florida, where a jury awarded $11 million to the family of a 30-year-old mother of four who died after consuming kratom for pain relief [5]. The Palm Beach County coroner attributed her death to "acute mitragynine intoxication." The jury found Grow LLC (operating as The Kratom Distro) and its owner liable, concluding that the company had falsely marketed kratom as an all-natural supplement without any warning of its potential dangers [5]. This verdict is a watershed moment — it demonstrates that juries are willing to hold kratom sellers accountable with substantial financial penalties.

The $2.5 Million Washington Verdict — A Legal First

In what has been described as the first jury verdict in a civil lawsuit against a kratom manufacturer or distributor, a Washington State jury awarded $2.5 million to the family of a 39-year-old man who died after consuming kratom [13]. The jury found Society Botanicals LLC (operating as Kratom Divine) and its owner responsible for the death. The court determined that Society Botanicals was negligent due to "inadequate warnings and instructions" on its product packaging — a finding that has direct implications for the broader industry, where labeling standards are virtually nonexistent [15].

The $8.75 Million Feel Free Class Action Settlement

Perhaps the most visible kratom litigation involves Botanic Tonics, LLC, maker of the "Feel Free Wellness Tonic," and retail giant 7-Eleven. The lawsuit, Torres et al. v. Botanic Tonics, LLC et al., alleged that Feel Free was misleadingly marketed as a safe, sober, and healthy alternative to alcohol — despite containing kratom, a substance with opioid-like properties and significant addiction potential [8].

The case was consolidated into In Re Botanic Tonics Litigation in the U.S. District Court for the Northern District of California (Case No. 3:23-cv-01460-VC) [9]. In December 2023, U.S. District Judge Vince Chhabria denied 7-Eleven's motion to dismiss claims that it violated California's unfair competition law by selling Feel Free without disclosing its addictive ingredients — a significant early ruling for plaintiffs [17].

Botanic Tonics ultimately agreed to pay $8.75 million to settle the class action. The settlement received preliminary approval on March 5, 2025, and subsequently received final approval [9]. Class members who purchased Feel Free Wellness Tonic containing kratom between March 28, 2019, and March 5, 2025, were eligible to receive a pro-rated cash payment estimated between $175 and $291.66 per person, with a claim deadline of June 17, 2025 [21]. The settlement resolves claims that the company failed to disclose kratom's addictive nature and health risks while marketing the product deceptively [8].

State Attorney General Actions and Enforcement

State-level enforcement actions are adding another powerful dimension to the legal landscape. In February 2026, the Texas Attorney General sued kratom retailer Smokey's Paradise, accusing the company of selling products containing nearly 50 times the legal limit of 7-hydroxymitragynine [3]. In May 2026, the California Department of Public Health (CDPH) filed a legal complaint against Ashlynn Marketing Group, seeking a court order to prohibit further manufacturing and distribution of kratom-containing products and seeking civil penalties, after the company continued to violate an embargo on its products [11]. Florida's Attorney General listed 7-OH as a controlled substance and in June 2026 announced an expansion of its statewide crackdown on kratom-related products [12].

A March 2026 Kansas wrongful death lawsuit further illustrates the geographic spread of kratom litigation. A Kansas couple filed suit following their son's death, naming Club 13 Inc., The Hub Smoke Shop, Wellness Connect, and OPMS Kratom as defendants, accusing them of selling a dangerous product without proper warnings [18].

The Regulatory Crackdown: FDA Recalls, DEA Warnings, and State Bans

The regulatory record against kratom is extensive and damning. The FDA issued its first major public warning in February 2018, stating that "kratom affects the same opioid brain receptors" as drugs like heroin and morphine, and calling on sellers to cease distribution immediately [28]. That same year, the FDA mandated the destruction of kratom-containing dietary supplements from Divinity Products Distribution and issued a mandatory recall of all food products containing powdered kratom from Triangle Pharmanaturals LLC due to Salmonella contamination — marking the first time the agency used its mandatory recall authority for contaminated food products [30].

Contamination concerns have not gone away. As recently as October 2025, Vanguard Enterprises, LLC (doing business as Bedrock MFG) voluntarily recalled Monarch Premium Kratom powder products due to potential Salmonella contamination [28]. The FDA has now rejected all six New Drug Applications submitted for kratom, and on July 15, 2025, it issued warning letters to seven additional companies for illegally marketing kratom products [30].

State-level prohibitions are multiplying rapidly. On April 10, 2026, Kansas passed a bill banning 7-OH kratom products due to safety concerns and unsubstantiated medical claims [18]. Starting July 1, 2026, Kansas law makes it illegal to possess, sell, or purchase both kratom (mitragynine) and 7-OH (7-hydroxymitragynine) [18]. On May 4, 2026, a Utah federal court denied a preliminary injunction challenging Utah's newly enacted Kratom Regulation Act, which bans the sale of kratom products mixed with non-kratom substances, and rejected federal preemption arguments raised by industry challengers [24]. Even as Botanic Tonics LLC sued Utah in April 2026 to block its new law — claiming it would prevent sales in over 300 locations — that legal challenge was swiftly rejected [24].

Who Is Being Sued — and Who Is Fighting Back

The defendants in kratom litigation span the entire supply chain. Manufacturers who formulate and produce kratom products, distributors who supply them to retailers, and retailers who sell them to consumers — all have faced legal liability in these cases [4]. The named defendants in major cases include:

• Botanic Tonics, LLC — maker of Feel Free Wellness Tonic, settled a class action for $8.75 million, also sued Utah to block new kratom restrictions [9]

• 7-Eleven — sold Feel Free Wellness Tonic in stores; a motion to dismiss key claims was denied by a federal judge [17]

• Society Botanicals LLC (Kratom Divine) — found liable for $2.5 million in the first kratom jury verdict, due to inadequate product warnings [13]

• Grow LLC (The Kratom Distro) — hit with an $11 million Florida verdict for falsely marketing kratom as an all-natural, safe supplement [5]

• Club 13 Inc., OPMS Kratom, Smokey's Paradise, Ashlynn Marketing Group — facing state attorney general actions and wrongful death suits [3][11][18]

The industry's response has ranged from aggressive legal defense to settlement. Botanic Tonics has pursued litigation to block state regulations while simultaneously settling its class action. Other companies have contested liability on grounds including lack of causation, assumption of risk, and federal preemption — arguments that have so far found little traction in courts [24].

The Law Firms Leading the Charge

A growing number of prominent mass tort and personal injury law firms have identified kratom litigation as a priority practice area. Firms are actively pursuing kratom wrongful death and product liability claims. These firms are building dockets of cases across states where kratom use has caused documented harm, and many are actively seeking new clients who may have suffered injuries or lost loved ones due to kratom products.

Legal analysts and mass tort experts have noted that kratom litigation shares key structural features with some of the largest mass torts in U.S. history — including opioid litigation — in that it involves a widely-distributed consumer product, a documented pattern of deceptive marketing, a corporate supply chain with identifiable defendants, and a body of scientific evidence demonstrating harm [2]. The absence of an MDL to date has not slowed the pace of individual filings, and many practitioners believe consolidation is a matter of when, not if [20].

Who May Have a Kratom Lawsuit: Signs You Could Be Eligible

Potential kratom plaintiffs include individuals who consumed kratom products and suffered serious adverse health effects, as well as the families of individuals who died from kratom-related causes [4]. Conditions that may support a legal claim include:

• Kratom addiction and severe withdrawal syndrome requiring medical treatment [34]

• Liver damage (hepatotoxicity) following kratom use [1]

• Seizures, cardiac events, or respiratory depression linked to kratom [25]

• Psychosis, hallucinations, or severe psychological harm [19]

• Death caused by acute mitragynine or 7-OH intoxication, with or without polysubstance involvement [5]

• Harm resulting from consumption of kratom products marketed deceptively, including Feel Free Wellness Tonic and similar products sold in mainstream retail locations [8]

Cases are especially strong where manufacturers or sellers made affirmative marketing claims — such as promoting kratom as "safe," "natural," or a healthy alternative to alcohol or opioids — without disclosing the substance's addiction potential, opioid receptor activity, or known risks [7]. The legal standard for failure-to-warn claims does not require proof that the company knew its product would cause harm; it requires only that they knew or should have known of the risks and failed to disclose them [15].

What the Future Holds: The Path Toward an MDL and Broader Accountability

The kratom litigation landscape in mid-2026 bears striking resemblance to the early stages of other major mass torts — including the opioid litigation that ultimately yielded billions in settlements — in its combination of growing plaintiff numbers, regulatory condemnation, jury verdicts signaling receptiveness to liability, and increasing state-level legal action [20]. The FDA's July 2025 recommendation to schedule 7-OH under the Controlled Substances Act, if adopted, would further strengthen plaintiffs' legal arguments by establishing that the compound meets the federal standard for dangerous and addictive substances [28].

State bans in Kansas, regulatory embargoes in California, and enforcement actions in Texas and Florida are creating a patchwork of legal pressure that may ultimately drive federal consolidation [11][18]. Legal experts note that the emergence of clear jury verdicts — particularly the landmark Washington verdict establishing negligent failure-to-warn liability — provides a template that plaintiffs' attorneys can replicate in jurisdictions across the country [13].

The kratom industry, for its part, has attempted to position itself as a legitimate wellness sector by funding advocacy groups and lobbying for favorable regulation. The American Kratom Association has pushed for state-level "Kratom Consumer Protection Acts" that would allow kratom to remain legal under certain labeling and quality-control conditions [29]. But with the FDA's escalating enforcement actions, growing state bans, and mounting courtroom losses, the industry's window for self-regulation may be rapidly closing [27].

For the millions of Americans who used kratom products — many of them trusting that a substance sold at their local 7-Eleven or health food store was safe — the legal reckoning now underway may represent their only avenue for justice [7]. As verdicts climb into the millions and class actions secure eight-figure settlements, the message to kratom manufacturers and distributors is becoming impossible to ignore: the era of consequence-free marketing of dangerous products is over [4][5][9].

What To Do If You or a Loved One Was Harmed by Kratom

If you or someone you love has suffered serious health consequences — including addiction, organ damage, seizures, psychosis, or death — after using kratom products, you may have legal rights to compensation [6]. Time limits apply to filing personal injury and wrongful death claims, and the statute of limitations varies by state. Early consultation with an experienced mass tort attorney can be critical to preserving evidence, identifying the responsible manufacturers and distributors, and understanding your legal options [14].

Key steps to take include: documenting all kratom products used (including brand names, lot numbers, and purchase locations), preserving medical records reflecting any diagnoses or treatment related to kratom use, and gathering any marketing materials or receipts connected to the products [3]. Law firms currently investigating kratom cases offer free consultations and typically handle these cases on a contingency basis — meaning no fees are owed unless a recovery is obtained [15].

The legal landscape is moving quickly. With new lawsuits filed daily, state bans taking effect, and federal regulatory action accelerating, 2026 may be remembered as the year kratom litigation crossed the threshold from individual cases into a full-scale national mass tort [2][20].