TL;DR: Kratom litigation primarily involves lawsuits against manufacturers and distributors for failing to warn consumers about significant risks. These risks include addiction, severe health complications, and death. Many cases allege that products were contaminated with dangerous substances like heavy metals or salmonella. If you or a family member has been harmed, protecting your rights involves preserving the kratom product and its packaging, documenting your usage and health history, and seeking immediate consultation with a product liability attorney to explore your legal options.
Kratom, a substance derived from the leaves of a Southeast Asian tree, has grown rapidly in popularity across the United States. Marketed as an herbal supplement for pain relief, energy, and anxiety, it is sold in smoke shops, gas stations, and online stores. This rise in use has been matched by a troubling increase in emergency room visits, calls to poison control centers, and a growing number of lawsuits filed by individuals and families who have suffered devastating consequences.
The central issue is a lack of regulation. The Food and Drug Administration (FDA) has not approved kratom for any medical use and has issued numerous warnings about its potential dangers. This absence of federal oversight has created an environment where products of varying potency and purity are sold without adequate warnings or quality control. This situation has opened the door for civil lawsuits, where injured parties seek to hold sellers and manufacturers accountable for the harm their products have caused. 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.
Understanding the Basis of Kratom Lawsuits
The legal actions taken against kratom companies fall primarily under the umbrella of product liability law. This area of law holds manufacturers, distributors, and sellers responsible for placing a dangerous or defective product into the hands of consumers. Unlike a typical personal injury case where you must prove someone was careless, product liability can sometimes be based on “strict liability.” This means a company can be held responsible for harm caused by their product, even if they weren’t negligent in producing it. The simple act of selling a dangerously defective product is enough to establish liability.
Most kratom lawsuits are built on one of three core legal arguments:
- Defective Design: This argument suggests that kratom is inherently unsafe, regardless of how it is manufactured. Plaintiffs may claim that the active alkaloids, mitragynine and 7-hydroxymitragynine, have opioid-like properties that create a high risk of addiction and other health problems that cannot be designed out of the product.
- Manufacturing Defect: This is one of the most common claims in kratom litigation. It alleges that the specific product sold was contaminated during processing or packaging. Numerous FDA reports and independent lab tests have found kratom products tainted with dangerous levels of heavy metals like lead and nickel, as well as pathogenic bacteria such as salmonella.
- Failure to Warn (Marketing Defect): This is the most powerful and frequent allegation. Plaintiffs argue that manufacturers and sellers knew, or should have known, about the serious risks associated with their products but failed to provide adequate warnings on their labels and marketing materials. These risks include dependency, severe withdrawal symptoms, liver damage, seizures, and death. By marketing kratom as a safe, natural “supplement,” companies are accused of misleading consumers and depriving them of the ability to make an informed choice.
These legal foundations provide a path for individuals harmed by kratom to seek compensation for medical bills, lost wages, pain and suffering, and in the most tragic cases, the loss of a loved one.
Key Allegations Against Kratom Manufacturers and Sellers
When a lawsuit is filed, it contains specific allegations that form the substance of the case. In kratom litigation, these claims paint a picture of an industry prioritizing profit over consumer safety. Attorneys build their cases by focusing on a few consistent and damaging themes backed by scientific evidence and internal company documents.
Contamination with Heavy Metals and Bacteria
A significant number of lawsuits point to direct contamination. The FDA has repeatedly issued recalls for kratom products found to contain salmonella, a bacterium that can cause serious and sometimes fatal infections. A major multi-state salmonella outbreak between 2017 and 2018 was directly linked to several kratom brands, sickening nearly 200 people. Beyond bacteria, independent laboratory testing has revealed alarming levels of heavy metals in many commercially available kratom products.
- Lead: Can cause developmental issues, abdominal pain, and neurological damage.
- Nickel: A common allergen that can cause skin reactions and other health problems.
- Arsenic: A known carcinogen linked to numerous long-term health issues.
- Cadmium: Can cause kidney, bone, and lung damage.
These contaminants are not naturally occurring in such high concentrations and suggest poor agricultural and processing standards. Lawsuits allege that companies are negligent for not testing their raw materials and finished products before selling them to the public.
Misleading Marketing and Failure to Warn of Addiction
Perhaps the most serious allegation is that the kratom industry actively conceals the substance’s addictive potential. Kratom’s primary alkaloids interact with opioid receptors in the brain, which is why it can produce pain-relieving and euphoric effects. This mechanism also makes it capable of causing physical dependence and a difficult withdrawal syndrome similar to that of opioids.
Lawsuits claim that companies intentionally market kratom as a “safe alternative to opioids” or a “natural dietary supplement” without mentioning these risks. This creates a dangerous situation where consumers, sometimes seeking to wean off prescription painkillers, unknowingly trade one dependency for another. Wrongful death lawsuits often detail how a loved one began using kratom casually, only to develop a severe dependency that ultimately led to their death, either from the product itself or from complications related to its use.
Wrongful Death Claims
The most severe lawsuits are those filed by families who have lost a loved one. A wrongful death claim alleges that a person’s death was a direct result of the defendant’s misconduct or negligence. In the context of kratom, these lawsuits often state that the death was caused by kratom toxicity. Coroners and medical examiners are increasingly listing kratom as a primary or contributing cause of death on autopsy reports. These cases argue that had the manufacturer properly warned of the lethal risks, the individual would never have used the product.
Significant Kratom Litigation Cases and Settlements
The legal landscape for kratom is evolving quickly, with several high-profile cases resulting in significant verdicts and settlements. These outcomes send a strong message to the industry and provide a precedent for future claims. They demonstrate that juries and courts are willing to hold companies accountable for the harm caused by these unregulated products.
One of the most widely reported cases occurred in Washington state in 2023. A jury awarded $2.5 million to the family of Patrick Coyne, a 39-year-old father of three who died after using kratom. The lawsuit was filed against the manufacturer, distributor, and retailer of the product he used. The family’s attorneys successfully argued that the defendants failed to warn him of the potential for addiction and death. This case was a landmark victory for victims, establishing that kratom sellers can be held financially responsible.
Another major development involves multi-district litigation (MDL). An MDL is a legal procedure that consolidates similar civil cases from across the country into one federal court. This streamlines the pre-trial process, such as evidence gathering and witness interviews. In 2023, a federal panel consolidated dozens of kratom lawsuits into an MDL in the Southern District of Florida. The lawsuits name several major players in the kratom industry, including OPMS, a well-known brand. The allegations in the MDL are consistent with other cases: failure to warn about addiction, contamination, and wrongful death.
Case Study: The Feel Free Tonic Lawsuits
A popular product called “Feel Free” by Botanic Tonics has also become the target of litigation. These drinks, sold in distinctive blue bottles, contain both kratom and kava. Lawsuits allege the company markets them as a safe, non-addictive alternative to alcohol and energy drinks. However, plaintiffs claim the product is highly addictive and has led to severe financial and health problems. One wrongful death lawsuit filed in California alleges that a 24-year-old man died from consuming the tonic, which the suit claims contained concentrated and dangerous levels of kratom. These cases highlight the dangers of novel “wellness” products that use kratom as a primary ingredient without disclosing its full risk profile.
These legal victories and ongoing MDLs show that the tide is turning. For years, the kratom industry has operated with little accountability. Now, the legal system is providing a venue for victims to have their voices heard and to seek justice.
The Role of the FDA and DEA in Kratom Regulation
The legal battles over kratom are happening against a backdrop of regulatory uncertainty. The actions, and inactions, of federal agencies like the Food and Drug Administration (FDA) and the Drug Enforcement Administration (DEA) have shaped the current market and the nature of the lawsuits being filed. Understanding their positions is key to understanding why litigation has become necessary for consumer protection.
The FDA has been the most vocal federal agency on the issue. Since 2012, the FDA has taken several steps to curb the sale and importation of kratom:
- Public Health Advisories: The agency has issued multiple warnings to the public, stating that there is no reliable evidence to support the use of kratom as a treatment for any medical condition. They have specifically warned about the risks of addiction, abuse, and death.
- Import Alerts: The FDA has placed kratom on an import alert, which allows U.S. officials to seize shipments of the substance at the border without physical examination. Billions of dollars worth of kratom products have been confiscated under this authority.
- Warning Letters: The FDA sends warning letters to companies that make illegal health claims about their kratom products. These letters demand that companies stop marketing their products as treatments for conditions like opioid withdrawal, pain, or anxiety.
- Mandatory Recalls: In 2018, the FDA issued its first-ever mandatory recall order for a food product, targeting several kratom products due to salmonella contamination.
The DEA has also attempted to regulate kratom. In 2016, the agency announced its intent to place kratom’s active compounds on Schedule I of the Controlled Substances Act. This would have put kratom in the same category as heroin and LSD, effectively making it illegal nationwide. However, the DEA withdrew its notice following significant public and political pushback, a rare move for the agency. While it remains a “drug of concern,” the DEA has not made further attempts to schedule it.
This regulatory gap is central to the lawsuits. Plaintiffs argue that because the federal government has failed to implement comprehensive regulations, companies have been allowed to sell dangerous products with impunity. The FDA’s own warnings are often used as evidence in lawsuits to show that manufacturers were aware of the risks but chose to ignore them.
What to Do If You or a Loved One Has Been Harmed by Kratom
If you suspect that you or a family member has suffered negative health effects from using kratom, it is crucial to take specific steps to protect your health and preserve your legal rights. The actions you take immediately can have a significant impact on your ability to hold a company accountable in the future.
1. Seek Immediate Medical Attention
Your health is the top priority. If you are experiencing severe symptoms such as seizures, extreme confusion, rapid heartbeat, or difficulty breathing, go to the emergency room or call 911. For issues like dependency or withdrawal, contact your doctor or a substance abuse specialist. Be completely honest with healthcare providers about your kratom use, including the brand, the amount you used, and the frequency. This ensures you get the proper treatment and creates an official medical record of the harm.
2. Preserve the Product and All Related Evidence
Do not throw away the kratom product or its packaging. This is the most important piece of physical evidence in a potential lawsuit.
- The Product: Place any remaining kratom powder, capsules, or liquid in a sealed bag or container. Store it in a safe, dry place away from children and pets. This allows your legal team to have it tested for contaminants or potency later.
- The Packaging: Keep the original bottle, bag, or box. The packaging contains vital information, such as the brand name, distributor, lot number, and any marketing claims or instructions.
- Proof of Purchase: Locate any receipts, credit card statements, or online order confirmations. This proves where and when you bought the product.
3. Document Everything
Start a detailed journal of your experience. Memory can fade, so writing things down is essential. Include the following information:
- When you started using kratom and why.
- The specific brand(s) and form(s) you used (e.g., powder, capsules, extract).
- How much you took and how often.
- A timeline of any negative symptoms you experienced.
- Notes from all doctor visits, including diagnoses and treatment plans.
- Any lost time from work or other ways the issue has impacted your daily life.
4. Consult with an Experienced Product Liability Attorney
Kratom litigation is a highly specialized field of law. It requires a deep understanding of product liability, federal regulations, and the complex science behind how kratom affects the body. Do not delay in seeking legal advice. Many firms offer free consultations to evaluate your case. An attorney can help you understand your options and guide you on the next steps. They will handle the complexities of filing a claim, gathering evidence, and dealing with the manufacturer’s legal team, allowing you to focus on your recovery.
Building a Strong Kratom Product Liability Claim
Once you have consulted with an attorney, they will begin the process of building a case. A successful kratom product liability claim requires more than just showing that you used the product and then got sick. Your legal team must draw a clear line connecting the product to the specific harm you suffered. This involves a meticulous process of evidence gathering and expert analysis.
The strength of your claim will depend on several key elements:
- Proof of Use and Injury: The foundation of the case is establishing that you used the defendant’s product and that it caused a quantifiable injury. This is where your preserved product, proof of purchase, and detailed medical records become critical. Your medical history will be reviewed to demonstrate that the injury was not caused by a pre-existing condition.
- Product Testing: Your attorney will likely send the preserved kratom product to a specialized laboratory for independent testing. This testing can identify the presence of heavy metals, bacteria, or other contaminants. It can also measure the concentration of mitragynine and 7-hydroxymitragynine to determine if the product was more potent than a reasonable consumer would expect.
- Expert Testimony: Expert witnesses are essential in kratom cases. Your legal team will work with various specialists to support your claim.
- Toxicologists: Can explain how the alkaloids in kratom affect the human body and can testify that the substance was the cause of injury or death.
- Medical Doctors: Physicians specializing in areas like hepatology (liver), neurology (brain), or addiction medicine can provide testimony linking your kratom use to specific medical conditions.
- Industry Experts: Former regulators or industry insiders can testify about manufacturing standards and what the company should have known about the risks of its product.
- Evidence of Company Negligence: Your attorney will use the legal discovery process to obtain internal documents from the kratom company. This can include emails, internal memos, marketing plans, and supplier records. This evidence can be used to prove that the company was aware of the dangers or that it failed to perform basic safety testing on its products.
By combining personal documentation, scientific testing, and expert analysis, your legal team can construct a powerful argument that the kratom manufacturer or seller is responsible for the damages you have incurred.
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.
The Future of Kratom Regulation and Its Impact on Litigation
The legal and regulatory environment for kratom is in a state of flux, and future developments will undoubtedly affect litigation. One of the most significant trends is the push for state-level regulation through the Kratom Consumer Protection Act (KCPA). This legislation, supported by the American Kratom Association (a pro-kratom advocacy group), has been enacted in several states.
The KCPA typically includes provisions that:
- Prohibit the sale of kratom to minors.
- Require products to be labeled with their ingredients and alkaloid content.
- Make it illegal to sell kratom products that are contaminated or contain dangerous synthetic substances.
On the surface, the KCPA appears to be a step toward consumer safety. However, critics argue that it does not go far enough. Most versions of the KCPA do not mandate warnings about the risk of addiction, dependency, or death. By creating a state-sanctioned market without these critical warnings, the KCPA could potentially make it harder for some victims to bring “failure to warn” lawsuits in the future. Companies might argue that they complied with state law and therefore have no further liability.
Despite this, litigation is likely to continue, especially for cases involving contamination or wrongful death. As long as the federal government refuses to establish clear safety standards and warning requirements, the courts will remain the primary venue for holding the kratom industry accountable. The outcomes of the current MDL and other major lawsuits will set important precedents and could force the industry to adopt safer practices or face mounting financial consequences.
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.