Kratom litigation is rapidly expanding across the United States as more individuals come forward with claims of serious injuries and wrongful deaths linked to this controversial herbal supplement. Marketed as a “natural” remedy for pain relief, anxiety, and opioid withdrawal, kratom has gained popularity in gas stations, smoke shops, and online marketplaces, yet mounting medical evidence and government warnings reveal a much darker reality.
The U.S. Food and Drug Administration (FDA) and Centers for Disease Control and Prevention (CDC) have documented kratom-related deaths, organ damage, and addiction. In many of these cases, victims were never warned about the risks of mitragynine toxicity, adulterated products, or the lack of quality control in manufacturing. As a result, lawsuits are being filed nationwide against kratom manufacturers, distributors, and sellers for failure to warn, deceptive marketing, and producing dangerously potent or contaminated products.
Victims and families affected by kratom-related harm are now turning to the courts to seek justice through product liability, wrongful death, and class action lawsuits. These legal claims aim to hold kratom companies accountable for their negligence and the preventable harm they caused. As verdicts and settlements begin to emerge, such as the $11 million awarded in a recent Florida wrongful death case, kratom litigation is shaping into a significant area of consumer protection law.
Whether you’re dealing with addiction, organ damage, or the tragic loss of a loved one, understanding your legal options is critical. An experienced kratom litigation attorney can help you evaluate your case, preserve key evidence, and fight for the compensation you deserve. Our kratom lawsuit attorneys, led by Matt Wetherington, will review your case for free, preserve critical evidence, and pursue the compensation you deserve before time limits run out. Fill out our quick contact form for free case evaluation.
Kratom Litigation Fast Facts at a Glance
| Open U.S. lawsuits | More than 50 individual and class-action complaints pending in federal and state courts, with new filings every month |
| Largest verdict | $11 million wrongful-death judgment for the Talavera family in Florida, 2023 |
| Recent class settlement | Botanic Tonics agreed to an $8.75 million nationwide deal over its Feel Free tonic, 2025 (court approval pending) |
| Kratom-involved deaths | Kratom listed as a factor in 4100 deaths between 2020 – 2022, including 846 fatalities in 2022 alone |
What Is Kratom and Why Are Families Suing?
Kratom (Mitragyna speciosa) is a tree native to Southeast Asia. Its primary alkaloids, mitragynine and 7-hydroxymitragynine, attach to the same brain receptors as morphine. At low doses, kratom can feel stimulating. At higher doses it acts like an opioid and can slow breathing or stop it altogether. The Centers for Disease Control and Prevention confirmed that kratom contributed to at least 846 overdose deaths in 2022, with 56 of those deaths blamed on kratom alone.
Victims and surviving families allege that:
- Manufacturers failed to test for dangerous concentrations and contaminants.
- Retailers sold high-potency extracts without age gates or health warnings.
- Marketers promoted unproven health benefits, creating a false sense of safety.
These failures are the foundation of kratom wrongful-death and personal-injury lawsuits now moving through U.S. courts.
Nationwide Kratom Litigation Timeline
| Year | Key Event | Why It Matters |
| 2014 | FDA issues first large import seizure (25,000 lb) | Federal enforcement begins. |
| 2017 | First wrongful-death suits filed in Oregon and Florida | Establish legal theories for product liability and failure to warn. |
| 2020 | FDA orders nationwide recall of salmonella-tainted kratom products | Shows regulators view kratom as adulterated. |
| 2023 | Talavera family wins $11 million default verdict in Florida federal court | Sets an eight-figure benchmark for damages. |
| 2024 | At least 15 new class actions filed; JPML considers consolidation | Litigation pace accelerates. |
| 2025 | Botanic Tonics announces $8.75 million class settlement covering 2019–2025 purchases | First nationwide payout signals defendant’s willingness to settle. |
Are You Eligible to File a Kratom Lawsuit?
You may qualify if all of the following are true:
- Exposure: You or your loved one ingested kratom in any form: capsule, powder, liquid shot, or tea.
- Injury: A doctor diagnosed a serious condition such as liver failure, seizures, heart arrhythmia, addiction, or fatal respiratory depression.
- Proof of purchase: You have a receipt, bank statement, product photo, or actual packaging showing brand and lot number.
- Timeliness: The claim is within your state’s statute of limitations (often two years for injury and up to three years for wrongful death) and within any state-specific statute of repose.
- No prior release: You have not already accepted compensation or signed a settlement with the same defendant.
Evidence That Wins Kratom Cases
| Evidence Type | Role in Litigation |
| Medical records | Link kratom ingestion to organ damage, overdose, or addiction. |
| Autopsy and toxicology | Prove that mitragynine levels or contaminants caused death. |
| Receipts and bank statements | Identify specific retailers and product batches. |
| Physical product or photos | Show missing warnings or illegal alkaloid levels. |
| Independent lab tests | Detect lead, salmonella, fentanyl, or high 7-HMG content. |
| Expert testimony | Toxicologists, pharmacologists, pathologists, and economists explain causation and quantify losses. |
| Internal company documents | Emails and lab reports reveal knowledge of the hazard foundation for punitive damages. |
Headline Kratom Verdicts and Settlements
Non-fatal liver-injury settlements confidentially reported by mediators range from $300 000 to $650 000, depending on hospital costs and lost wages.
Federal and State Regulations on Kratom
As of June 2025, kratom’s legal status in the United States varies significantly between federal and state levels, creating a complex regulatory landscape. This article provides a detailed examination of federal regulations, state-specific laws, recent legislative developments, and their implications for consumers, vendors, and advocates, with a focus on public health data and advocacy efforts.
Federal Regulations on Kratom
At the federal level, kratom remains unscheduled under the Controlled Substances Act (CSA), meaning it is legal to buy, sell, possess, and use across the United States, absent state or local restrictions. However, federal agencies like the Food and Drug Administration (FDA) and the Drug Enforcement Administration (DEA) have scrutinized kratom due to safety concerns, shaping its regulatory status without imposing a blanket ban.
FDA Oversight
The FDA does not recognize kratom as a safe dietary supplement, drug, or food additive, classifying it as an “unsafe food additive” under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 342). Key FDA actions include:
- Health Warnings: Since 2017, the FDA has issued warnings about kratom’s risks, including liver toxicity, seizures, substance use disorder, and death. In 2019, it flagged contamination risks (e.g., salmonella, heavy metals like lead), and in 2022, reiterated links to over 800 deaths (FDA, 2019, 2022).
- Seizures and Recalls: The FDA has seized kratom products from manufacturers making unapproved health claims, such as treating opioid addiction or chronic pain, violating 21 U.S.C. § 331. For example, in 2018, it seized tons of kratom from vendors for misbranding.
- Import Alerts: Import Alert 54-15 allows seizure of kratom shipments at U.S. borders, targeting unapproved or contaminated products. This disrupts supply chains, affecting vendors nationwide.
- Public Health Advisories: The FDA’s 2020 advisory urged consumers to avoid kratom due to NDMA-like risks, though no formal NDMA link exists, unlike Zantac (FDA, 2020).
Despite these actions, the FDA lacks authority to schedule kratom, leaving regulation to the DEA or state legislatures.
DEA Position
The DEA has considered scheduling kratom but has not done so as of June 2025:
- 2016 Scheduling Attempt: In August 2016, the DEA proposed classifying mitragynine and 7-hydroxymitragynine as Schedule I substances, citing “no accepted medical use” and high abuse potential (81 Fed. Reg. 59929). Public backlash, including over 23,000 comments and advocacy from the American Kratom Association (AKA), led to withdrawal of the proposal in October 2016.
- Current Status: Kratom remains on the DEA’s “Drugs of Concern” list, signaling ongoing monitoring but no immediate scheduling plans. The DEA cites CDC data linking kratom to 846 deaths in 2022, though only 56 were solely mitragynine-related (CDC, 2022).
CDC and Public Health Data
The Centers for Disease Control and Prevention (CDC) provides critical data influencing federal scrutiny:
- Overdose Deaths: From 2016–2017, the CDC linked kratom to 91 overdose deaths, escalating to 846 in 2022, with 4,100 estimated deaths from 2020–2022 (Washington Post, 2023). Most involved polydrug use, complicating causation.
- Usage Statistics: Approximately 1.9 million Americans used kratom in 2022, up from 1.7 million in 2021, per the Substance Abuse and Mental Health Services Administration (SAMHSA, 2023).
- Health Risks: The CDC notes risks like addiction, liver toxicity, and respiratory depression, urging physicians to screen patients for kratom use (Annals of Internal Medicine, 2022).
Federal Legislative Efforts on Kratom
No federal legislation specifically regulates kratom as of June 2025, but bills have been proposed:
- Kratom Consumer Protection Act (KCPA): Introduced in Congress in 2021 and 2023, the federal KCPA aims to regulate kratom as a dietary supplement, requiring labeling, testing, and age restrictions (21+). It has not passed, leaving regulation to states.
- Opioid Crisis Response: Some lawmakers advocate including kratom in opioid-related legislation, citing its role in withdrawal support, but others push for restrictions due to addiction risks.
Federal agencies’ cautious approach reflects a balance between public health concerns and advocacy for kratom’s therapeutic potential, leaving states to fill the regulatory gap.
State Regulations on Kratom
State laws on kratom vary widely, ranging from outright bans to regulated access, creating a patchwork of regulations. As of June 2025, 6 states ban kratom, 10 have adopted KCPA-style regulations, and others, including Washington, have minimal or no restrictions. Below is a detailed breakdown of state approaches, with examples and recent developments.
States with Kratom Bans
Six states have banned kratom, classifying it as a controlled substance:
- Alabama: Banned since 2016 under the Alabama Controlled Substances Act, equating kratom to Schedule I drugs like heroin (Ala. Code § 20-2-23).
- Arkansas: Prohibited since 2016, with possession penalties up to $25,000 fines or seven years in prison (Ark. Code Ann. § 5-64-201).
- Indiana: Banned since 2012, listed as a synthetic drug (Ind. Code § 35-31.5-2-321).
- Rhode Island: Prohibited since 2017, classified as a Schedule I substance (R.I. Gen. Laws § 21-28-2.08).
- Vermont: Banned since 2018, with penalties for possession or sale (18 V.S.A. § 4230).
- Wisconsin: Banned since 2014, treated as a controlled substance (Wis. Stat. § 961.14).
These states cite kratom’s opioid-like effects and overdose risks, supported by CDC data, as justification. Violators face criminal penalties, deterring vendors and users.
States with Kratom Consumer Protection Act (KCPA) Regulations
Ten states have adopted KCPA-style laws, regulating kratom to ensure consumer safety while preserving access:
- Arizona: Enacted in 2019, requires age 21+, labeling of alkaloids, and third-party testing (Ariz. Rev. Stat. § 36-795).
- Georgia: Passed in 2019, mandates age 18+, contaminant testing, and clear labeling (O.C.G.A. § 16-13-122).
- Kentucky: Enacted in 2022, requires age 21+, bans synthetic alkaloids, and mandates testing (Ky. Rev. Stat. § 218A.205).
- Nevada: Passed in 2019, sets age 18+, requires labeling and testing (Nev. Rev. Stat. § 678B.650).
- North Carolina: Enacted in 2024, mandates age 21+, third-party testing, and bans adulterated products (N.C. Gen. Stat. § 90-114).
- Oklahoma: Passed in 2025 (SB 891), requires age 21+, bans synthetic alkaloids, and mandates lab testing for contaminants (Okla. Stat. tit. 63 § 2-204).
- Oregon: Enacted in 2021, sets age 21+, requires testing for heavy metals and pathogens (Or. Rev. Stat. § 475C.910).
- Tennessee: Passed in 2023, mandates age 21+, labeling, and testing (Tenn. Code Ann. § 39-17-438).
- Utah: Enacted in 2019, requires age 18+, third-party testing, and labeling (Utah Code § 4-45-101).
- Virginia: Passed in 2024, sets age 21+, bans synthetic compounds, and requires testing (Va. Code § 18.2-247).
KCPA laws aim to prevent contamination (e.g., fentanyl, salmonella) and protect minors, addressing FDA concerns while allowing adult use. They require vendors to register, disclose ingredients, and test products, reducing risks seen in unregulated markets.
States with Partial or Local Restrictions on Kratom
Some states allow kratom but have local bans or partial regulations:
- California: Legal statewide, but banned in San Diego and Oceanside due to local ordinances. No state KCPA exists.
- Florida: Legal, but banned in Sarasota County and several cities. A 2024 KCPA bill failed (Fla. Stat. § 893.03).
- Illinois: Legal for those 18+, but banned in Jerseyville and Alton. No KCPA as of 2025 (720 Ill. Comp. Stat. 642/5).
- Mississippi: Legal statewide, but banned in over 30 counties and cities, creating a patchwork (Miss. Code Ann. § 41-29-113).
- New Hampshire: Legal for those 18+, with no local bans or KCPA (N.H. Rev. Stat. § 318-B:1).
These states reflect local concerns about kratom’s risks, often driven by overdose reports or advocacy from families affected by kratom-related deaths.
States with Minimal or No Regulations on Kratom
Many states, including Washington, have no specific kratom laws, leaving it legal but unregulated:
- Washington: Legal with no state-wide restrictions, as discussed in the prior Washington Kratom Laws article. A 2022 KCPA bill (SB 5491) failed, and a controlled substance classification is under review for late 2025 (RCW 69.50). No local bans exist in Seattle or King County.
- New York: Legal with no regulations, though a 2024 KCPA bill is pending (N.Y. Pub. Health Law § 3306).
- Texas: Legal with no state laws, despite 2023 KCPA discussions (Tex. Health & Safety Code § 481.032).
- Wyoming: Legal with no restrictions or pending legislation.
Unregulated states face risks of contaminated products, as seen in FDA’s 2019 salmonella outbreak, prompting calls for KCPA adoption.
Recent State Developments on Kratom
- Louisiana: In August 2025, classified mitragynine and 7-hydroxymitragynine as Schedule I substances, imposing fines up to $50,000 and five years in prison (La. Rev. Stat. § 40:964). This followed a spike in kratom-related emergency visits.
- North Dakota: A 2025 study (HB 1566) examines kratom’s risks and benefits, potentially leading to a KCPA or ban by 2026.
- New Jersey: A 2025 KCPA bill is under review, proposing age 21+, testing, and labeling, reflecting advocacy from the AKA.
- Connecticut: Misinformation about a 2025 public act (Public Act 25-101) classifying kratom as a controlled substance circulated on X, but no such law exists (Conn. Gen. Stat. § 21a-243).
These developments highlight the dynamic nature of state regulations, driven by public health data, advocacy, and local sentiment.
Health and Safety Concerns Driving Regulation
Federal and state regulations are shaped by kratom’s dual reputation as a therapeutic herb and a public health risk. Key concerns include:
- Addiction and Dependence: Kratom can lead to substance use disorder, with withdrawal symptoms like anxiety and cravings, per Mayo Clinic (2024).
- Organ Damage: High doses cause liver toxicity, kidney failure, or respiratory depression, treated at hospitals nationwide (FDA, 2022).
- Fatal Overdoses: CDC’s 2022 data reported 846 kratom-related deaths, with 56 solely mitragynine-related. A Washington Post analysis estimated 4,100 deaths from 2020–2022 (2023).
- Contamination Risks: Unregulated products may contain fentanyl, salmonella, or heavy metals, as flagged by FDA in 2019.
- Inconsistent Dosing: Variations in alkaloid content make dosing unpredictable, increasing overdose risks, especially with polydrug use.
These risks, coupled with 1.9 million U.S. users in 2022 (SAMHSA, 2023), drive regulatory efforts to balance safety with access.
How Our Kratom Litigation Team Works for You
- Immediate Case Review – Speak with a senior attorney, not an intake clerk. We evaluate medical records and product evidence within 24 hours.
- Evidence Preservation – Investigators collect leftover product and secure third-party lab testing before alkaloids degrade or packages are discarded.
- Strategic Filing – We decide whether to file in state court, federal diversity jurisdiction, or any upcoming multidistrict litigation, always choosing the venue that protects your claim value.
- Aggressive Discovery – Subpoenas compel distributors and manufacturers to reveal alkaloid assays, insurance limits, and marketing emails.
- Relentless Negotiation and Trial Readiness – We build every file as if it will reach a jury. Defendants know we will not discount a case for a quick settlement.
Our katom litigation attorneys at Georgia Wrongful Death Attorney P.C. have recovered more than $500 million in product liability and mass-tort damages nationwide, and we handle every kratom case on a contingency fee. If you do not get paid, we do not get paid.
Why Families Choose Us for Kratom Litigation
- Kratom-Focused Experience: Lead counsel served on steering committees in the earliest wrongful-death cases.
- Scientific Depth: Board-certified toxicologists and hepatologists ready to withstand Daubert challenges.
- Nationwide Reach: Licensed in 20+ states, with vetted local co-counsel to file wherever you reside.
- Transparent Communication: Direct cell access to your attorney plus weekly status updates via a secure portal.
- Up-Front Cost Coverage: We advance all filing fees, expert costs, and deposition expenses.
Take the First Step Toward Justice
If you or a loved one suffered harm from kratom, don’t wait. Contact our experienced kratom litigation attorneys today for a free, no-obligation case review. We’ll investigate your claim, preserve critical evidence, and fight to hold negligent companies accountable. You pay nothing unless we win. Call now or fill out our secure form to get started.