Attorneys Target Kratom Companies With Growing Number of Lawsuits

Throughout the 2020s, consumers of kratom products have been suing vendors for both wrongful death and deceptive marketing, including failure to disclose risks on packaging that resulted in adverse health outcomes.

Recently, Rusty Webb, a personal injury lawyer from West Virginia, announced in media outlets that these lawsuits are about to ramp up.

“I, along with about a dozen law firms around the country are going to start suing these manufacturers, distributors, retailers for the addiction that they’re causing for the false marketing and try to get them some compensation and help them get off these drugs,” Webb told WCHS TV in Charleston, WV.

One of the most widely reported cases was the wrongful death lawsuit brought by the family of Krystal Talavera, a 39-year-old nurse in Florida who collapsed in her home in 2021 after consuming most of a packet of an extremely strong kratom product. Talavera had multiple pre-existing heart conditions that were likely exacerbated by kratom use. The only information on the packet was the name of the product, scrawled on with a Sharpie marker. No other information, such as strength and dosage, was presented. The suit alleged that Grow LLC, which marketed “Kratom Distro” products, failed to provide adequate warnings about the risks of overdose. In July 2023, a Palm Beach County jury sided with Talavera’s family, awarding more than $11 million in damages, one of the largest judgments against a kratom distributor to date. Grow LLC failed to respond or appear in court to defend itself.

In another widely publicized case in Georgia, even the American Kratom Association (AKA), not a vendor, is named as a defendant in a wrongful death lawsuit involving the 2021 death of 23-year-old Ethan Pope, who died from apparent mitragynine intoxication after consuming multiple OPMS Kratom products he purchased at multiple stores on the same day. The lawsuit, filed by Pope’s parents in Georgia Superior Court, alleges that the defendants—including OPMS, the AKA, and various retailers—failed to provide adequate warnings about kratom’s risks, including potential overdose and death. The plaintiffs claim that the AKA disseminated misleading information regarding kratom’s safety. The case, based on product liability and wrongful death statutes, remains ongoing, with motions to dismiss and discovery disputes still pending.

Here is a partial list of ongoing lawsuits against kratom vendors:

C.B. v. Martian Sales, Inc. (OPMS)

• Court / Docket: San Diego County (CA)
• Filing Date: Apr 2023
• Claim Type: Putative class action
• Description: Alleging failure to warn consumers about the addictive nature of OPMS kratom products.
• Last Action: Complaint filed; discovery and motion practice pending

C.B. et al. v. Ashlynn Marketing Group, Inc. (Krave Botanicals)

• Court / Docket: State/Federal
• Filing Date: 2023
• Claim Type: Putative class action
• Description: Deceptive labeling and omission of opioid-like risks of Krave Botanicals kratom.
• Last Action: Complaint filed; case pending pretrial activities

J.J. et al. v. Ashlynn Marketing Group, Inc. (Krave Botanicals)

• Court / Docket: U.S. District Court, S.D. Cal., 3:24-cv-00311
• Filing Date: Feb 16, 2024
• Claim Type: Class action
• Description: Omission of kratom’s addictive risks; partial motions and discovery ongoing.
• Last Action: Motions to dismiss filed and pending

Moller v. Martian Sales, Inc., et al. (OPMS)

• Court / Docket: U.S. District Court, E.D. La., 2:24-cv-00228
• Filing Date: 2024
• Claim Type: Wrongful death / product liability
• Description: Alleged mitragynine toxicity from OPMS kratom products.
• Last Action: Discovery ongoing; expert reports being prepared

B.D. et al. v. MIT45 Inc. (MIT45)

• Court / Docket: Federal, 3:24-cv-00499
• Filing Date: 2024
• Claim Type: Proposed nationwide class action
• Description: Deceptive marketing and failure to disclose addiction risks.
• Last Action: Complaint filed; awaiting preliminary motions

Simmons v. One Love, Inc., Martian Sales, et al. (OPMS)

• Court / Docket: Weld County District Court (CO), 2024CV30847
• Filing Date: Sep 23, 2024
• Claim Type: Wrongful death
• Description: Acute mitragynine toxicity from OPMS kratom purchased at One Love Smoke Shop.
• Last Action: Initial complaint filed; defendants served

JoAnn Rivers v. Multiple Kratom Manufacturers and Retailers (various brands)

• Court / Docket: Florida state court, Not publicly listed
• Filing Date: Nov 12, 2024
• Claim Type: Wrongful death
• Description: Alleged death due to mitragynine toxicity; multiple kratom manufacturers and retailers named.
• Last Action: Complaint filed; case in early pretrial stage

L.S. v. Happy Hippo, LLC (Happy Hippo)

• Court / Docket: U.S. District Court (CA), 2:24-cv-08566
• Filing Date: Oct 4, 2024
• Claim Type: Putative class action
• Description: Failure to warn consumers about kratom addiction and opioid-like effects.
• Last Action: Complaint filed; pretrial scheduling order issued

M.L. v. Thang Botanicals, Inc., FTLS Holdings LLC (7-OHMZ / 7OHMZ)

• Court / Docket: U.S. District Court, N.D. Cal., 3:25-cv-03191
• Filing Date: Apr 9, 2025
• Claim Type: Class action
• Description: Alleged deceptive marketing and dangers of concentrated 7-hydroxymitragynine tablets (7-OH).
• Last Action: Complaint filed; defendants answered

J.P. v. Martian Sales, Inc., et al. (OPMS)

• Court / Docket: U.S. District Court, E.D.N.Y., 1:25-cv-00741
• Filing Date: Mar 2025
• Claim Type: Nationwide consumer class action
• Description: Failure to warn that OPMS kratom products are addictive/unsafe.
• Last Action: Complaint filed; class certification motion planned

L.K. et al. v. White Diamond, LLC (White Diamond)

• Court / Docket: U.S. District Court, C.D. Cal., 25-cv-869
• Filing Date: Apr 2025
• Claim Type: Putative class action
• Description: Failure to disclose opioid-like addiction risks and deceptive marketing.
• Last Action: Complaint filed; case assigned to judge

Palmer v. Mitra-9 Brands, LLC (Mitra-9)

• Court / Docket: U.S. District Court (WA), 2:25-cv-00250
• Filing Date: Jul 14, 2025
• Claim Type: Class action
• Description: Deceptive marketing without disclosure of opioid-like addictive risks (kratom seltzers, powders, shots).
• Last Action: Complaint filed; defendants served

I.P. and J.M. v. Hundreds Premium LLC (Exotic Blue Magic)

• Court / Docket: U.S. District Court, S.D. Cal., 3:25-cv-01923
• Filing Date: Jul 29, 2025
• Claim Type: Federal diversity/fraud
• Description: Alleged deceptive marketing and failure to warn about kratom products.
• Last Action: Complaint filed; initial pretrial conference scheduled

Korte v. CBD American Shaman, LLC, et al. (CBD American Shaman / Advanced Alkaloids)

• Court / Docket: U.S. District Court, W.D. Mo., 4:25-cv-00736
• Filing Date: Sep 18, 2025
• Claim Type: Class action / RICO-style
• Description: Complaint targeting 7-OH products sold by CBD American Shaman and affiliates.
• Last Action: Complaint filed; case recently docketed

Virginia wrongful death / distributor suit (Logan matter) (YoKratom)

• Court / Docket: Virginia state court, reported Aug/Sep 2025
• Filing Date: Aug/Sep 2025
• Claim Type: Wrongful death
• Description: Death allegedly linked to kratom purchased from YoKratom; distributor named in complaint.
• Last Action: Complaint filed; service of process underway

C.B. et al. v. Ashlynn Marketing Group, Inc. (Krave Botanicals)

• Court / Docket: State/Federal
• Filing Date: 2023
• Claim Type: Putative class action
• Description: Deceptive labeling / omission of opioid-like risks of Krave Botanicals kratom.
• Last Action: Complaint filed; discovery pending