Why Are Kratom Lawsuits Being Filed?

The dangers of kratom, an increasingly popular over-the-counter herbal supplement touted for its numerous health benefits, are behind a growing number of kratom lawsuits in Louisiana and across the United States.

Kratom, derived from the leaves of the Mitragyna speciosa tree in Southeast Asia, has been used as traditional medicine by Thai and Malaysian people since at least the 1800s. It’s now widely available in the U.S. in capsule, powder, pill, and liquid form, often in tea. Sellers market it as a “natural” remedy for anxiety and depression, muscle pain, opioid withdrawal, and more. 

More than a million Americans purchase it every year, despite the FDA’s warnings that it has no proven benefits and can lead to serious health problems, including addiction and overdose.

People who have suffered kratom injuries or those who have lost loved ones to kratom-related fatalities are filing lawsuits against manufacturers and retailers, claiming they failed to warn consumers of the risks.

Last year, the attorneys at Herman, Katz, Gisleson & Cain filed one of Louisiana’s first-ever kratom wrongful death lawsuits against OPMS, a major kratom brand, on behalf of a 25-year-old West Monroe man who died after buying it from a local gas station. Although kratom is not federally regulated, it’s banned in several states and Louisiana parishes, with more bans being considered.

In October, a St. Tammany coroner reported that a 36-year-old woman in his parish had died from kratom toxicity and issued a public warning for residents to avoid kratom.

Is Kratom Dangerous?

For people suffering from mental illness, muscle pain, or opioid addiction, the potential benefits of kratom can be very tempting. 

One of its chemical compounds, mitragynine, can bind with brain receptors in the same way as opioid painkillers such as oxycodone and fentanyl. It also contains alkaloids, which can bond with serotonin receptors and enhance mood. Users have reported effects ranging from increased energy and alertness to a relaxing sedative effect at higher doses.

While some users find relief with kratom, many others have reported alarming cardiovascular, psychiatric, respiratory, and gastrointestinal side effects, including:

• Weight loss
• Dry mouth, nausea, and vomiting
• Constipation
• Liver damage
• Muscle pain
• High blood pressure
• Dizziness, drowsiness, and trouble breathing
• Hallucinations and delusions
• Tremors and seizures

Ironically, for a substance marketed as helpful for addiction, data from 40 states and Washington, D.C., reported that more than 2,000 people have died from kratom-related overdoses in the last four years. Even newborns whose mothers used kratom have exhibited withdrawal symptoms.

In addition, more than 35 deaths were linked by the FDA to kratom products containing heavy metals like lead and germs like salmonella. The FDA warns that kratom use carries “the risk of serious adverse events, including liver toxicity, seizures, and substance use disorder (SUD),” and no safe kratom “drug products” currently exist. Despite this, manufacturers continue to market kratom as a safe herbal supplement, often omitting ingredients or proper dosage instructions.

Lack of Kratom Regulation

Even the world’s largest pro-kratom organization, the American Kratom Association, admits that only about “three dozen” out of more than 8,000 U.S. kratom brands are legitimate. Group spokesman Mac Haddow told CBS News that the fault lies with the FDA for wanting to ban, rather than regulate, kratom. The agency maintains that it would support official scientific research into the effects of kratom.

A months-long investigation by Tampa Bay Times reporters shed new light on kratom’s dangers, which is now a $1.5 billion industry. Their findings include:

• More than 580 people in Florida alone died from kratom mixed with other substances between 2013-2023; 46 had overdosed on kratom alone, with most of these individuals having a history of substance abuse.
• Kratom products are marketed as “powerful and potent” with no dosage amounts; one scientist likened a packet of pills to “legal morphine.”
• Nine out of ten fatalities involved mixing kratom with common medications.
• Twelve out of twenty kratom products tested had no warnings about drug interactions, while ten had disclaimers recommending consulting a doctor before use.

Southeast Asians who chew kratom leaves or use it in hot tea or juice rarely report overdose deaths. However, the concentrated forms available in the U.S. pose a much greater risk.

Mixing kratom with other drugs increases danger because of how the body processes substances. Kratom can slow down enzymes in the intestines and liver, which are responsible for breaking down medications and illicit drugs. This slowdown can lead to a toxic buildup in the bloodstream, compounding the risk of overdose.

Filing a Kratom Lawsuit

The FDA is collaborating with the U.S. Department of Justice and Customs and Border Protection to limit the sale of unlawful kratom products. However, as it stands, many users remain unaware of the dangers.

If you or a loved one has been injured or worse after using a kratom product, filing a kratom lawsuit could hold negligent manufacturers and retailers accountable. A successful lawsuit not only secures financial compensation for injuries and other damages but also sends a message to kratom producers that they cannot continue selling dangerous and unregulated substances.

The kratom lawsuit attorneys at Herman, Katz, Gisleson & Cain have extensive experience pursuing justice for victims. We can determine liability in your case and ensure fair compensation for your losses. Contact us today at 844-943-7626 or online for a free case consultation.