The kratom wrongful death attorneys at Georgia Wrongful Death Attorney P.C. represent families in wrongful death and severe injury lawsuits against kratom manufacturers, suppliers, distributors and vendors. Kratom is sold online and in stores across most of the country.
Losing a loved one to a kratom overdose is a heart-wrenching tragedy that leaves families struggling with grief, unanswered questions, and financial burdens. Products marketed as “safe” herbal supplements, sold in vape shops from Los Angeles to Chicago or online in Houston, have claimed lives due to manufacturers’ failure to warn about risks like mitragynine toxicity.
At Georgia Wrongful Death Attorney P.C., our kratom wrongful death lawyers understand the depth of your loss and are committed to holding negligent companies accountable, securing the compensation you need to find closure. Led by personal injury and wrongful death lawyer Matt Wetherington, with over $100 million in verdicts, including a $24.9 million negligence settlement, we fight for families from Seattle to Miami, turning your pain into a powerful case for justice.
Call Georgia Wrongful Death Attorney P.C. at (404) 888-4444 or fill out our free consultation form today to start your fight for justice against kratom manufacturers.
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What is Kratom?
Kratom, or Mitragyna speciosa, is a plant from Southeast Asia marketed as a “natural” supplement for pain relief, energy, or opioid withdrawal. Sold as powders, capsules, or high-potency extracts like OPMS shots in vape shops from Denver to Philadelphia, kratom’s unregulated nature hides serious risks like seizures and organ damage. Many users, unaware of these dangers, suffer life-altering injuries after trusting misleading claims. Our kratom attorneys understand the science behind kratom’s effects and use it to prove manufacturer negligence nationwide.
FDA Warnings About Kratom
The FDA has repeatedly warned about kratom’s dangers, linking it to over 600 overdose deaths in Florida alone, many involving mitragynine, the primary compound in kratom. Risks include seizures, addiction, and respiratory failure, as seen in products sold in New York or Houston, yet manufacturers often omit these warnings, leading to tragedies like a $11.6 million Florida case.
These alerts underscore the negligence of companies marketing kratom as safe. Our kratom wrongful death lawyers use FDA data to prove liability, ensuring families in Phoenix or Philadelphia receive justice for preventable losses caused by unregulated products.
Can Kratom Kill You?
Tragically, kratom can be fatal, with over 100 deaths linked to mitragynine toxicity, often from high-potency extracts sold in Los Angeles or Chicago. A $11.6 million Florida verdict for Krystal Talavera’s death and a $2.5 million Washington case for Patrick Coyne’s overdose highlight the lethal risks of products lacking warnings.
Families deserve accountability for these preventable losses. Our attorneys, with over $100 million in verdicts, pursue wrongful death damages, ensuring manufacturers pay for their negligence, from Seattle to Houston.
Kratom Toxicity Explained
Kratom toxicity, driven by its active compounds mitragynine and 7-OH-mitragynine, poses severe health risks, including seizures, liver damage, and fatal overdoses, impacting users from Los Angeles to Chicago. At Georgia Wrongful Death Attorney P.C., our kratom lawsuit lawyers, with over $100 million in verdicts, including an $11.6 million Florida case, use scientific evidence to hold negligent manufacturers accountable for failing to warn about these dangers. Below is a concise overview of kratom toxicity, its effects, and its role in lawsuits, ensuring justice for victims nationwide.
- Active Compounds: Mitragynine and 7-OH-mitragynine, found in kratom leaves, bind to opioid receptors, producing euphoria or sedation. High-potency extracts, like those in Houston or Seattle, amplify toxicity, leading to overdose risks, as seen in a $2.5 million Washington verdict.
- Symptoms of Toxicity: Low doses (1-5g) may cause nausea or dizziness; high doses (5-15g+) trigger seizures, respiratory depression, or coma, per CDC reports. Severe cases, like those in Miami, result in mitragynine toxicity deaths, confirmed by autopsies in a $11.6 million Florida case.
- Health Impacts:
- Neurological: Seizures or psychosis, requiring emergency care at facilities like Mayo Clinic, common in New York cases.
- Hepatic: Liver damage or failure, reported in Philadelphia, linked to prolonged use.
- Cardiovascular: Tachycardia or heart attacks, noted in Texas, increasing mortality risk.
- Addiction: Opioid-like dependence, seen in Denver, with withdrawal symptoms disrupting lives.
- Fatal Overdose Risk: Over 100 U.S. deaths, including 580+ in Florida, are tied to kratom toxicity, often from high-potency products lacking warnings, per FDA data. Combining kratom with alcohol or opioids, as in a $3 million FDA-seized Botanic Tonics case, heightens lethality.
- Factors Increasing Toxicity: Unregulated products, like OPMS shots, vary in mitragynine concentration, misleading users in Phoenix. Contaminants (e.g., heavy metals, fentanyl) and inconsistent labeling, per FDA alerts, exacerbate risks, fueling lawsuits in California.
- Legal Implications: Toxicity evidence, like toxicology reports and FDA warnings, proves manufacturer negligence in failing to disclose risks, as in multimillion-dollar verdicts. Our attorneys use autopsies, medical records, and expert testimony (e.g., toxicologists) to link kratom to harms, securing damages for medical costs or wrongful death in Charlotte or Dallas.
Kratom’s unregulated status and deceptive marketing as “safe” drive its toxicity risks, leaving victims and families to bear the consequences. Our team, with a $24.9 million negligence settlement, builds robust cases on a contingency fee basis (33%–40% upon winning, no upfront costs), ensuring accountability for manufacturers nationwide.
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Why Choose a Kratom Wrongful Death Lawyer?
When a loved one dies from kratom, a specialized wrongful death lawyer is your strongest ally. Unlike general attorneys, our kratom wrongful death lawyers at Georgia Wrongful Death Attorney P.C. focus on product liability, leveraging FDA warnings and toxicology reports to prove negligence by manufacturers like OPMS or The Kratom Distro. Here’s why expertise matters:
- Specialized Knowledge: We understand kratom’s risks, like acute mitragynine intoxication, which caused a $11.6 million Florida verdict for a mother’s death.
- Trial-Proven Experience: With over $100 million in verdicts, including a $2.5 million Washington case, we’re ready to take your case to court if needed.
- Compassionate Support: We guide families in Philadelphia or Phoenix through grief, offering clear communication and no upfront fees (33%–40% contingency).
- National Reach: Kratom laws vary—banned in Alabama, unregulated in California. We tailor claims to state-specific rules for maximum impact.
Our team, led by Matt Wetherington, builds cases that honor your loved one’s memory, ensuring justice nationwide.
How a Kratom Wrongful Death Lawyer Can Help Your Family
The heartbreaking loss of a loved one to a kratom overdose, often from products sold in Los Angeles or Chicago, demands justice against manufacturers who fail to warn about mitragynine toxicity. At Georgia Wrongful Death Attorney P.C., our kratom wrongful death lawyers offer compassionate support, starting with a free consultation to review coroner reports, medical records, and product evidence from Seattle or Houston purchases. We build a strong case to secure compensation for funeral costs, lost income, and emotional pain, holding companies like OPMS accountable nationwide.
Our kratom wrongful death attorneys handle all legal complexities, negotiating with insurers using FDA violation letters and toxicology reports to counter low offers, as seen in a $11.6 million Florida verdict. If needed, our trial-ready team, with over $100 million in verdicts, including a $2.5 million Washington case, litigates in courts from Miami to Denver, ensuring manufacturers face consequences. We operate on a contingency fee basis (33%–40% upon winning, no upfront costs), so families in Philadelphia or Phoenix can pursue justice without financial risk.
Beyond compensation, we honor your loved one’s memory by exposing negligent practices, like deceptive marketing in a $3 million FDA-seized Botanic Tonics case, advocating for stricter regulations. Our kratom wrongful death lawyers provide clear, empathetic guidance, managing every detail to ease your burden while delivering accountability. From evidence collection in New York to navigating state laws, we fight relentlessly to transform your grief into justice.
Qualities to Look for in a Kratom Wrongful Death Lawyer
Choosing the right kratom wrongful death lawyer is crucial to securing justice after a life-changing injury or loss. The right attorney maximizes your compensation for medical costs, lost wages, and suffering. Here are key qualities to seek:
- Expertise in Kratom Litigation: Kratom cases demand knowledge of product liability laws and FDA regulations. Look for a wrongful death lawyer experienced in claims against manufacturers like OPMS or retailers in cities like Los Angeles or Chicago. Our attorneys stay updated on kratom’s risks, such as mitragynine toxicity, to build strong cases.
- Compassion and Client Focus: Your lawyer should empathize with your struggles, whether you’re a parent in Denver facing medical debt or a worker in Houston missing paychecks. We provide personalized care, keeping you informed at every step.
- Negotiation Prowess: Insurers and manufacturers often deny claims or offer low settlements. A skilled kratom attorney uses evidence like medical records or FDA warnings to counter these tactics. We secure maximum payouts nationwide.
- Trial Experience: If negotiations fail, your lawyer must be trial-ready. Our team, including Matt Wetherington, Robert Friedman, Elizabeth Ji, Eli Cohen, and James Cox, has won over $100 million in verdicts, giving us leverage in courts from New York to California.
- National Reach with Local Knowledge: Kratom regulations vary by state—banned in Alabama, loosely regulated in Florida. A national firm with local expertise navigates these differences. Our team strengthens your case no matter where you are.
- Contingency Fee Structure: Legal costs shouldn’t add stress. Choose a firm with no upfront fees, charging only if you win (typically 33%–40%). We offer free consultations and transparent fees.
- Maximizing Compensation: A top kratom attorney pursues all damages, including future care and pain and suffering. We work with medical and toxicological experts to ensure full recovery for clients from Seattle to Miami.
Ready to find the right kratom lawyer? Call Georgia Wrongful Death Attorney P.C. at (404) 888-4444 or fill out our free consultation form today to fight for justice.
How to Choose a Reputable Kratom Wrongful Death Lawyer
Choosing a reputable kratom wrongful death lawyer means finding expertise, compassion, and a proven record. Seek attorneys with:
- Kratom Litigation Experience: Our $11.6 million Florida verdict shows our skill in these cases.
- Client-Centered Care: We support families in Seattle or Charlotte with clear, empathetic guidance.
- National Expertise: We navigate varying laws, from Alabama bans to Texas oversight.
- No Upfront Costs: Our contingency model ensures access to justice without financial burden.
Our team, with over $100 million in verdicts, fights for your family’s rights, using FDA alerts to hold manufacturers accountable nationwide.
Kratom Wrongful Death Lawyer vs. Personal Injury Lawyer
A kratom wrongful death lawyer specializes in product liability for fatal kratom overdoses, like those in Dallas or Miami, while personal injury lawyers handle broader cases like car accidents. Our attorneys, with a $24.9 million verdict, use FDA alerts and toxicology reports to prove manufacturer fault, a niche skill most personal injury lawyers lack.
This expertise strengthens claims nationwide, navigating unregulated markets and state laws. Our team tailors strategies to wrongful death cases, securing damages for funeral costs and emotional loss, ensuring justice for families from New York to Phoenix.
What to Expect in a Kratom Wrongful Death Lawyer Consultation?
A free consultation with our kratom wrongful death lawyers is your first step to justice, whether you’re in Seattle or Chicago. We review coroner reports, product evidence, and FDA warnings to assess liability, explaining state laws and potential damages, like those in a $11.6 million Florida case.
Our team, with over $100 million in verdicts, discusses your losses funeral costs in Houston or grief in Philadelphia and outlines a strategy, ensuring you’re prepared to hold negligent manufacturers accountable with our compassionate support.
Kratom Wrongful Death Lawyer Consultation Cost
The financial strain of losing a loved one shouldn’t prevent you from seeking justice. At Georgia Wrongful Death Attorney P.C., we offer free consultations and work on a contingency basis, charging no upfront fees and only 33%–40% if we win, ensuring access for families in Houston or Philadelphia.
Our team, with a $24.9 million negligence verdict, evaluates your case, from a Denver overdose to a Miami wrongful death, using FDA evidence to pursue damages without risk. You focus on healing while we fight for your family’s future.
Join Our Kratom Wrongful Death Lawsuit Today
Common Causes of Kratom Wrongful Deaths
Kratom wrongful deaths often result from preventable negligence by manufacturers or sellers. These tragedies stem from:
- Inadequate Warnings: Products like “Space Dust” lack labels on risks like respiratory failure, as in a $11.6 million Florida case.
- Contaminated Products: Heavy metals or fentanyl in extracts, per FDA tests, cause fatalities in Los Angeles or Houston.
- Deceptive Marketing: False “safe” claims for pain relief violate regulations, misleading users in Chicago or Miami.
- High-Potency Extracts: Concentrated products, sold online or in Seattle vape shops, heighten overdose risks, as seen in a $2.5 million Washington verdict.
- Unregulated Sales: Gas station products in Philadelphia lack quality control, contributing to mitragynine toxicity deaths.
Our kratom wrongful death lawyers use FDA alerts and medical evidence to prove fault, delivering justice for your loved one.
Steps to Take After a Kratom-Related Death
The days following a kratom-related death are agonizing, but your actions can preserve your legal claim. Here’s what to do:
- Obtain Medical and Coroner Reports: Secure autopsy results, like mitragynine toxicity findings, from facilities in Denver or New York.
- Report to Authorities: Notify the FDA or local health departments, especially in states like California with reporting systems.
- Preserve Evidence: Save product packaging, receipts, or photos from purchases in Charlotte or Phoenix.
- Avoid Insurer Contact: Don’t speak with manufacturers’ insurers, as statements could harm your case in strict-liability states like Texas.
- Contact a Lawyer Promptly: Statutes of limitations (e.g., two years in many states) limit filing time. Act fast to protect your rights.
Our attorneys guide you through these steps, ensuring no detail is missed in building a strong case.
Compensation Available in Kratom Wrongful Death Lawsuits
No amount of money can replace your loved one, but compensation eases financial strain and holds wrongdoers accountable. Families may recover:
- Economic Damages: Funeral costs, medical bills (e.g., from hospitals like Johns Hopkins), and lost income, including future earnings.
- Non-Economic Damages: Pain and suffering, loss of companionship, and emotional distress, as in a $2.5 million Washington case.
- Punitive Damages (Rare): For egregious negligence, like deceptive marketing, in some states, to punish manufacturers.
- Wrongful Death Benefits: Support for dependents, covering lost parental guidance or spousal support, as seen in a $11.6 million Florida verdict.
Our kratom wrongful death lawyers, with over $100 million in verdicts, work with experts to maximize recovery, tailored to state laws from Seattle to Miami.
Who Can File a Kratom Wrongful Death Lawsuit?
If you’ve lost a loved one to kratom, you may be eligible to file a wrongful death lawsuit, depending on state laws. Eligible parties include:
- Spouses: For loss of companionship and financial support, as in a Florida $11.6 million case.
- Children: For lost parental guidance, including minors or dependent adults in Houston or Philadelphia.
- Parents: For the death of a child, like Ethan Pope’s parents in a 2022 lawsuit.
- Estate Representatives: To recover damages for the deceased’s suffering, applicable in New York or Denver.
Our attorneys assess your eligibility, navigating state-specific rules to ensure your family’s claim is filed correctly, no matter where you are in the U.S.
Evidence Needed to Win a Kratom Wrongful Death Lawsuit
Winning a kratom lawsuit for injury or wrongful death requires robust evidence to prove negligence, causation, and damages against manufacturers or retailers. Our kratom lawsuit lawyers at Georgia Wrongful Death Attorney P.C., with over $100 million in verdicts, including a $11.6 million Florida case, gather critical evidence for clients from Los Angeles to Chicago. Below is a concise list of essential evidence to secure justice:
- Medical Records: Hospital reports from Mayo Clinic or Baylor Medical documenting seizures, liver damage, or respiratory failure, vital for cases in Houston or New York.
- Autopsy/Toxicology Reports: Coroner findings, like mitragynine toxicity in a $2.5 million Washington verdict, confirming cause of death for wrongful death claims.
- Product Evidence: Original packaging or extracts (e.g., OPMS from Seattle or Miami) for chemical analysis to detect contaminants like heavy metals, per FDA tests.
- Purchase Records: Receipts or online order confirmations from Denver or Philadelphia retailers, pinpointing the product’s source and batch.
- FDA Warnings: Alerts on kratom’s risks (e.g., 100+ deaths, $3 million Botanic Tonics seizure) showing manufacturers’ failure to warn, as in California cases.
- Witness Testimony: Family or friends in Phoenix or Charlotte corroborating kratom use and harm, adding a human element.
- Expert Testimony: Toxicologists or economists explaining mitragynine’s effects or calculating losses, like funeral costs in a $11.6 million Florida verdict.
- Proof of Damages: Medical bills, wage statements, or therapy records proving financial and emotional losses, tailored to state laws in Miami or Dallas.
- Comparative Evidence: Similar lawsuits or FDA adverse event reports, like OPMS cases in Pennsylvania, showing a pattern of negligence.
Our attorneys, with a $24.9 million negligence settlement, compile this evidence to build airtight cases, operating on a contingency fee basis (33%–40% upon winning, no upfront costs) for victims nationwide.
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How to Prove Liability in Kratom Wrongful Death Cases
Winning a kratom wrongful death lawsuit requires proving manufacturer or seller negligence. We establish:
- Duty of Care: Companies must provide safe products with clear warnings, per FDA standards.
- Breach of Duty: Failure to label risks like mitragynine toxicity, as in a $11.6 million Florida verdict, constitutes negligence.
- Causation: Toxicology reports link the product to death, like respiratory failure in a Washington $2.5 million case.
- Damages: Documented losses, such as funeral costs or emotional distress, from hospitals like Cleveland Clinic.
Our kratom wrongful death lawyers, with over $100 million in verdicts, use medical experts and FDA evidence to build airtight cases, ensuring accountability in Chicago or Los Angeles.
Kratom Brands That Can Be Sued in a Kratom Lawsuit:
- OPMS
- Whole Herbs
- Remarkable Herbs
- MIT 45
- Hush Kratom
- 7Ohmz
- KRATOMade
- Dr. Kratom
- Chief Kratom
- Earth Kratom
- EXP Botanicals
- Golden Monk
- Happy Hippo
- Kats Botanicals
- King Kratom
- KrakenKrave Botanicals
- Mitragaia
- NuWave Botanicals
Ready to find the right kratom wrongful death lawyer? Call Georgia Wrongful Death Attorney P.C. at (404) 888-4444 or fill out our free consultation form today to fight for justice.
Recent Kratom Wrongful Death Settlements and Verdicts
Kratom wrongful death lawsuits are holding manufacturers accountable, with significant verdicts nationwide. In 2023, a Florida judge awarded $11.6 million to Krystal Talavera’s family after the 39-year-old mother died from mitragynine intoxication from a “Space Dust” product lacking warnings. A Washington jury granted $2.5 million to Patrick Coyne’s family, the first kratom wrongful death trial verdict, for his 2020 death due to Society Botanicals’ negligence.
In 2022, Ethan Pope’s parents filed a lawsuit after their 23-year-old son died from kratom toxicity, targeting deceptive marketing by multiple entities. A 2024 Pennsylvania case for Jennifer Cox’s death from mitragynine toxicity underscores ongoing litigation. Our lawyers use these precedents to secure damages for families in Miami or New York.
These cases reflect growing recognition of kratom’s dangers, with settlements covering funeral costs, lost income, and emotional pain. Our team, with over $100 million in verdicts, fights for similar outcomes, ensuring justice for victims from Los Angeles to Chicago.
State-by-State Kratom Laws and Their Impact on Wrongful Death Claims
Kratom is subject to varying state laws that significantly impact wrongful death claims due to its opioid-like risks, including fatal overdoses reported in Florida and Texas. These laws, ranging from outright bans to loose regulations, shape liability, evidence requirements, and damage caps for kratom lawsuits, as manufacturers exploit regulatory gaps to sell dangerous products without warnings. Our kratom wrongful death lawyers at Georgia Wrongful Death Attorney P.C., with over $100 million in verdicts, navigate these state-specific frameworks to maximize compensation for families from Los Angeles to Chicago.
Below is a detailed list of key state laws and their effects on 7-OH wrongful death claims, ensuring justice aligns with local regulations:
- Alabama: Kratom, including 7-OH, is banned (controlled substance since 2016). Wrongful death claims focus on illegal sales or distribution, leveraging strict liability against retailers like gas stations, with no damage caps, strengthening cases in Birmingham.
- Arkansas: Kratom is illegal, listed as a Schedule I substance. Claims emphasize black-market negligence, using FDA alerts to prove causation, but punitive damages are limited to $250,000 or three times compensatory damages, impacting recovery in Little Rock.
- California: Legal except in San Diego and Oceanside, with no statewide Kratom Consumer Protection Act (KCPA). Claims in Los Angeles rely on FDA violation letters and toxicology reports, but non-economic damages are capped at $500,000 (2025), affecting settlements.
- Colorado: Legal except in Denver, where human consumption is banned. Claims in Colorado Springs use strict product liability, but Denver cases require proving illicit sales, with no caps on economic damages, as in a $2.5 million Washington verdict.
- Florida: Legal with age restrictions (21+); no KCPA. High overdose deaths (580+ since 2013) support claims, as in a $11.6 million verdict, but comparative negligence laws may reduce damages if misuse is alleged in Miami.
- Indiana: Kratom is banned as a synthetic drug. Claims in Indianapolis target illegal distributors, with strong strict liability arguments, but statutes of limitations (two years) are strictly enforced, requiring prompt action.
- New York: Legal, unregulated, no KCPA. Claims in New York City use FDA warnings and autopsy reports, with no damage caps, but high evidentiary standards require expert testimony, like toxicologists, to prove causation.
- Pennsylvania: Legal, unregulated. Claims, like a 2024 Scranton case, leverage mitragynine toxicity evidence, but comparative negligence (51% bar) may limit recovery if the deceased’s misuse is argued in Philadelphia.
- Texas: Legal, unregulated, no KCPA. Claims in Houston rely on strict liability and FDA data, with no caps on economic damages but punitive damages limited to twice compensatory damages plus $750,000, affecting case value.
- Washington: Legal, with KCPA regulating labeling. Claims, like a $2.5 million verdict, benefit from strong consumer protection laws, but defendants may argue compliance with KCPA, requiring robust evidence of negligence in Seattle.
- Other States: Legal in most (e.g., Arizona with KCPA, North Carolina with age limits), unregulated in others (e.g., Nevada). Claims vary by damage caps (e.g., $800,000 non-economic in Arizona) and statutes of limitations (one to three years), necessitating tailored strategies.
These legal variations impact evidence strategies, liability arguments, and damage calculations. In banned states like Alabama, claims target illegal distribution, while in legal states like Florida, we focus on inadequate warnings, as in the $11.6 million verdict. Our attorneys, with a $24.9 million negligence settlement, use state-specific evidence like coroner reports and FDA alerts to overcome defenses, ensuring justice for families in Dallas or Phoenix.
Role of Expert Witnesses in Kratom Cases
Expert witnesses are pivotal in strengthening kratom lawsuits, providing specialized knowledge to prove negligence, causation, and damages in cases involving injuries or wrongful deaths from products sold in Los Angeles to Chicago. At Georgia Wrongful Death Attorney P.C., our kratom lawsuit lawyers, with over $100 million in verdicts, including a $11.6 million Florida case, rely on these professionals to build compelling arguments for clients nationwide.
Their testimony clarifies complex scientific, medical, and economic issues, countering defense claims and ensuring courts understand kratom’s risks, like mitragynine toxicity, as seen in a $2.5 million Washington verdict. Below is a concise list of key expert witnesses and their roles in kratom cases, ensuring justice against negligent manufacturers:
- Toxicologists: Analyze blood or tissue samples to confirm mitragynine or 7-OH-Mitragynine levels, linking kratom to injuries like seizures or deaths, as in Houston or New York cases. They interpret FDA alerts and peer-reviewed studies to show how high-potency extracts cause toxicity, countering defenses of alternative causes.
- Pharmacologists: Explain kratom’s opioid-like effects on the body, detailing how mitragynine triggers respiratory failure or addiction, crucial for claims in Philadelphia or Seattle. Their testimony highlights manufacturers’ failure to warn, as in the $11.6 million Florida verdict, using CDC data.
- Medical Experts: Physicians or pathologists review medical records or autopsies from facilities like Mayo Clinic to confirm kratom-related harms, like liver damage or fatal overdoses in Miami. They establish causation by ruling out pre-existing conditions, supporting wrongful death claims.
- Economic Experts: Calculate financial losses, such as lost wages, medical bills, or funeral costs, for victims in Denver or families in Phoenix, as in a $2.5 million Washington case. They project future economic impacts, ensuring fair compensation under state laws.
- Addiction Specialists: Detail kratom’s dependency risks, using DSM-5 criteria to show how addiction disrupted lives in Dallas or Charlotte. Their insights support non-economic damages for pain and suffering, strengthening claims against deceptive marketing.
- Regulatory Experts: Testify on FDA violations, like inadequate labeling, using alerts and the $3 million Botanic Tonics seizure to prove negligence in California or Texas cases. They highlight industry standards manufacturers ignored, bolstering liability arguments.
These experts’ credible, admissible testimony, grounded in scientific evidence, sways judges and juries, as seen in multimillion-dollar verdicts. Our attorneys, with a $24.9 million negligence settlement, integrate expert insights with evidence like coroner reports to overcome defenses, operating on a contingency fee basis (33%–40% upon winning, no upfront costs) for victims from Seattle to Miami.
Legislative Updates on Kratom Regulation in 2025
Kratom regulation in 2025 reflects a patchwork of state-level efforts to address the safety and accessibility of this controversial substance, with no federal consensus, impacting lawsuits for injuries or wrongful deaths across the U.S. from Los Angeles to Chicago. At Georgia Wrongful Death Attorney P.C., our kratom lawsuit lawyers, with over $100 million in verdicts, including an $11.6 million Florida case, navigate these evolving laws to hold negligent manufacturers accountable for risks like mitragynine toxicity.
Below is a list of key 2025 legislative updates on kratom regulation and their implications for kratom lawsuits, ensuring justice for victims nationwide.
- Federal Level: The Federal Kratom Consumer Protection Act (S.3039, H.R.5905), introduced in 2023, remains under review in 2025, proposing FDA hearings on kratom safety and limiting restrictive regulations compared to dietary supplements. If passed, it could standardize labeling and safety, aiding lawsuits in states like New York by providing federal benchmarks for negligence claims, as in a $2.5 million Washington verdict.
- Alabama: Kratom remains a Schedule I substance since 2016, but the American Kratom Association pushes for a Kratom Consumer Protection Act (KCPA) in 2025. Lawsuits in Birmingham focus on illegal distribution, leveraging strict liability, with no damage caps, strengthening claims against retailers.
- Louisiana: SB 154, effective August 1, 2025, bans kratom sales, classifying it as highly restrictive. Wrongful death claims in New Orleans target pre-ban negligence, using FDA alerts, but face challenges proving causation due to the ban’s retroactive impact.
- Missouri: A House bill, advanced March 2025, sets a 21+ age limit and ingredient restrictions, allowing 7-OH products under 2% concentration. Lawsuits in St. Louis use these standards to argue inadequate labeling, but synthetic 7-OH loopholes complicate liability, as in a $3 million FDA-seized Botanic Tonics case.
- New York: Senate Bill S7379, introduced April 2025, proposes a Schedule I classification, citing addiction risks and lack of transparency. If passed, lawsuits in New York City will shift to illegal sales, requiring robust evidence like toxicology reports, but no damage caps aid recovery.
- North Carolina: House bills in June 2025 propose 21+ age restrictions and labeling requirements. Claims in Charlotte leverage these rules to prove negligence, like failure to warn, but comparative negligence laws may reduce damages if misuse is alleged.
- North Dakota: House Bill 1566, signed April 2025, mandates a 2025-26 study on kratom’s risks and benefits, delaying regulation until 2027. Lawsuits in Fargo rely on FDA data and strict liability, but lack of state standards complicates proving manufacturer duty of care.
- South Carolina: The KCPA, effective July 2025, bans sales to under-21s, limits synthetic alkaloids, and mandates labeling. Claims in Columbia use these violations to prove negligence, with civil penalties up to $2,000 supporting liability arguments.
- Texas: SB 1868, effective September 1, 2025, bans synthetic alkaloids and limits 7-OH to 0.1%, one of the strictest standards. Houston lawsuits cite these limits to argue unsafe products, with no economic damage caps but punitive damages limited to twice compensatory plus $750,000.