Your Guide to Kratom Lawsuits
Last updated Tuesday, June 30th, 2026
If you’re reading this page, odds are, someone you care about was seriously injured, or possibly fatally wounded, after consuming Kratom. The purpose of this article is to give you a broad overview of what Kratom is; why it’s such a threat to consumer safety; where the law currently sits regarding Kratom; and what your options will be if you’ve been damaged.
Murphy Law Firm has represented thousands of individuals who were injured or wronged by negligent or irresponsible behavior by businesses/individuals over more than 35 years. We also represent families who have been victimized by businesses who prioritize profits above all else, including their customers’ safety.
Understanding What Kratom Is and How It Works
Kratom comes from plants grown primarily in Southeast Asia, particularly in countries like Thailand, Malaysia, and Indonesia. Farm workers in these areas have consumed the leaves of the Kratom plant for hundreds of years as an energizing agent similar to how many of us consume caffeine today.
In the last decade, Kratom began to gain popularity in the United States, becoming widely available throughout retail outlets like gas stations, convenience stores, tobacco and vapor shops, and via online sales. Retailers market Kratom as a “natural” cure-all for ailments ranging from chronic pain and anxiety to opioid withdrawal. While the natural label makes Kratom appealing, it does not necessarily make Kratom safer.
The primary psychoactive agents present in Kratom are mitragynine and 7-hydroxymitragynine (also referred to as 7-OH). Therein lies the problem: 7-OH is approximately 13 times stronger than morphine. Furthermore, because Kratom products are marketed and sold alongside energy drinks and nutritional supplements in retail settings across the country, many people purchasing Kratom products are completely unaware of what they are consuming.
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FDA/Warnngs Health Risks
The FDA has taken a very direct stance on Kratom. The FDA stated simply that Kratom “is not just a plant, it is an opioid.” This is not an opinion held solely by the FDA. It is the government agency charged with ensuring what Americans ingest and inhale are safe.
According to the FDA, the reported adverse health consequences associated with Kratom consumption range from liver damage to seizures, respiratory problems, heart attacks, psychosis, and severe withdrawal symptoms akin to those experienced during opioid withdrawal. According to poison control centers nationwide, calls concerning Kratom exposure increased by more than 1,100% since 2015. To date, at least 91 fatalities have been directly attributed to Kratom use based on FDA data.
A single study found Kratom products to be 63 times more lethal than other common natural products available in retail stores. This fact alone highlights the dangers associated with Kratom.
Beyond the inherent danger posed by Kratom itself, many Kratom products contain undetectable levels of heavy metals, Salmonella, and other contaminants. Users may receive varying degrees of potency based upon the formulation type used to create the product. Sometimes two products with identical branding may vary greatly in terms of the amount of 7-OH contained within each individual product.
Common side effects of Kratom include nausea, hallucinations, addiction, and high blood pressure. Severe reactions can lead to rapid progression from mild to severe symptoms such as seizures, psychosis, respiratory failure, kidney failure, and death.
Legal Status
Federal regulation: Kratom has never received approval from the FDA for medicinal purposes. Therefore, federal regulations classify Kratom as an adulterated substance. Additionally, Kratom is classified as a “Drug and Chemical of Concern” by the DEA. In 2016, the DEA initially scheduled Kratom temporarily as a Schedule I controlled substance. However, the DEA reversed course due to extreme public outcry after scheduling Kratom.
State laws governing Kratom: Regulation of Kratom varies significantly by jurisdiction. Currently, six states have enacted bans on Kratom: Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin. At least eighteen additional jurisdictions have placed some form of age restriction or possession limit on Kratom. On June 22nd 2022, both the FDA and FTC sent warning letters to several Kratom manufacturers making unsubstantiated health claims.
Here’s a quick look at where things stand by state:
| State | Status |
| Alabama | Banned |
| Arkansas | Banned |
| Indiana | Banned |
| Rhode Island | Banned |
| Vermont | Banned |
| Wisconsin | Banned |
| California, Florida, Georgia, and ~15 others | Age or possession restrictions |
| Most remaining states | Legal but unregulated |
Should you have questions about laws applicable in your state, please visit your state’s regulatory agency website or contact an attorney.
Forms of Kratom-Related Lawsuits
Wrongful Death vs. Personal Injury Claims
Surviving family members of individuals who have died as a direct result of Kratom use may initiate wrongful death actions. Wrongful death actions allow plaintiffs to seek reimbursement for funeral expenses/burial costs, lost income/wages of the deceased family member, and loss of companionship/damages for emotional distress suffered as a result of losing a loved one.
Individuals who survive Kratom ingestion but suffer injuries such as organ damage/addiction/serious medical conditions may pursue personal injury claims. Personal injury claims typically require payment for medical bills/treatment/rehabilitation, lost wages/pain/suffering and/or diminished capacity to engage in normal activities/life.
Common Legal Theories Used in Kratom Lawsuits
As noted previously, almost all Kratom lawsuits involve product liability claims. As such, there are four basic legal theories employed to establish defendant(s)’ liability:
Failure to Warn: Kratom manufacturers/sellers have a statutory duty to provide adequate warnings regarding known hazards/risks associated with Kratom use. Many manufacturers/sellers fail to provide adequate warnings of addiction risk/opioid overdose risk/adverse interaction risk with other substances.
Misleading Marketing: Claiming that Kratom is a “natural supplement” for opioid withdrawal while acknowledging the FDA’s assertion that Kratom acts similarly to opioids is an example of misleading marketing practices that ultimately result in litigation.
Defective Product Design: Kratom formulations containing extremely high concentrations of 7-OH or extracts substantially more potent than leaf powder may be deemed defective in themselves.
Adulteration & Contamination: Kratom products containing unknown contaminants/inconsistent dosing/adulterants not disclosed on product labeling may form the basis for a separate product liability action.
Potential Defendants
It is essential to note that you can frequently pursue claims against numerous entities involved in the sale/distribution of Kratom products in a single lawsuit. Based on how the product traveled from manufacture to purchase location, defendants may consist of:
- Manufacturer producing/formulating the Kratom product
- Distributor(s) moving the product through the distribution channel
- Seller(s) selling the product, whether gas station/convenience store/vapor shop/internet vendor
If any or all of these entities failed to adequately warn consumers or sold a product they knew or should have known was unsafe, they may be liable along with you.
Examples of Verdicts/Settlements Regarding Kratom Litigation
Although Kratom litigation remains a rapidly evolving area of law, there are already several notable examples of verdict/settlements resulting from this emerging field. In Washington state, a jury awarded $2.5 million against a Kratom retailer for wrongful death. In Florida, a judge ordered an $11 million judgment against a company in connection with a fatal Kratom-related incident. These results demonstrate that courts are prepared to hold the Kratom industry accountable when sufficient evidence exists.
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Preparation to File a Kratom Lawsuit
Your case will rely significantly upon evidence you collect. Below is a list of items you’ll need:
- Product packaging and labeling from the Kratom you purchased
- Proof of purchase receipts or documentation — e.g., credit card statements/orders confirming purchases online
- Photographs of the product/product packaging/product labeling visible on packaging
Medical records detailing your diagnosis/treatment/condition - Toxicology reports — if hospitalized/death investigation occurred
- Autopsy report — if deceased
Evidence establishing false/misleading advertising/marketing claims — e.g., archived websites/screenshots/printouts of advertisements
Documenting your symptoms — i.e., when they began/how they have developed/what effect they’ve had on your employment/work-life/etc., is vital. If your loved one passed away, document everything you can about their final days.
Statute of Limitations
Each jurisdiction establishes a time frame (statute of limitations) defining how much time plaintiff(s) has/have to bring suit. Statutes of limitation for product liability/wrongful death claims usually run anywhere from one year to three years post-injury/death, although statutes vary significantly per jurisdiction/state-specific circumstance.
Missing your time frame will likely bar you from filing a lawsuit entirely. Do not wait until too late; consult an attorney immediately if you believe you have a valid case.
Choosing Appropriate Attorney Representation
Not every personal injury firm has experience handling complex product liability cases. You desire counsel familiar with identifying all parties responsible for damages in the supply chain; developing medical/scientific expertise supporting your claim; and litigating cases through trial if defendant(s) refuse reasonable settlements.
At Murphy Law Firm, James Murphy has practiced personal injury law exclusively since 1991 — over 35 years representing actual individuals against powerful corporate interests. Our firm represents clients on a contingent fee basis only, i.e., you pay nothing unless we secure monies for you. There are no advance fees/no hourly charges/no surprise bills. All clients receive unrestricted access to our attorneys, i.e., not a call center/paralegal.
Resources and Further Reading
If you want to dig deeper into the science or regulatory history around kratom, these are reliable starting points:
- FDA Kratom Warning and Updates
- DEA Kratom Drug Information
- National Institute on Drug Abuse (NIDA) – Kratom
- CDC Kratom-Related Death Reports
- Your state’s department of health or consumer protection agency for local regulations
