OPMS Kratom Lawsuit

In the past few years, there has been an uptick in kratom-related lawsuits in the United States. Specifically, lawsuits have been filed against the company OPMS Kratom for manufacturing and selling this dangerous product without revealing the health risks and adverse side effects of taking kratom.

Individuals and families who have been hurt or lost a loved one as a result may have legal recourse. A product liability attorney from Rosenfeld Injury Lawyers can help you through this devastating time and file an OPMS Kratom lawsuit.

Kratom Lawsuit Updates

Kratom lawsuits continue to come in, and attorneys, including Rosenfeld Injury Lawyers, are actively taking on new cases related to kratom use.

2025

• January 21

Botanic Tonics agrees to a settlement of $8,750,000.

2024

• November 14

The family of Dustin Hernandez, who died after consuming kratom tea, has filed a lawsuit in Texas. The plaintiffs allege that the defendants falsely marketed kratom as a remedy for various medical conditions, such as opioid withdrawal, even though it remains unapproved and untested by the FDA.

• October 7

A proposed class action complaint action complaint was filed in the northern district of California against Thang Botanicals Inc. (doing business as 7ΩHMZ, 7-OHMZ, or 7OHMZ) and FTLS Holdings LLC are connected entities, with Thang Botanicals specifically operating under the 7-OHMZ brand through 7OHMZ.com.

• October 4

A proposed class action complaint was filed against Happy Hippo for failure to disclose the dangers of Kratom, alleging false, misleading, deceptive, and negligent sales practices.

• September 18

Kratom manufacturers Botanic Tonics reaches a settlement in a Kratom class action lawsuit. It is pending court approval.

• September 13

“The Mysteries of Kratom” is a documentary made with help from medical researchers from the U.S. and Southeast Asia, touching on kratom’s potential health risks and dangers. It provides an exploration of the plant’s uses, controversies, and challenges.

• September

According to a lawsuit, Robert Simmons was discovered on the ground after experiencing “seizure-like activity” on September 27, 2023. Although first responders transported him to a nearby hospital, he was pronounced dead from “acute mitragynine (kratom) toxicity,” prompting his family to file a kratom wrongful death lawsuit.

• July 26

FDA puts out a warning to kratom users not to purchase or use OPMS Black Liquid Kratom

• July 3

A federal judge in San Diego denied MIT45’s request to dismiss a lawsuit brought by two California men who claim they became addicted to the company’s concentrated kratom extracts.

The ruling states that MIT45’s packaging could mislead consumers into believing the product was non-addictive, placing the responsibility on the company to warn about the risk of dependency.

• March 14

A proposed class action complaint was filed against Kratom company MIT45, claiming the company deceived consumers by not revealing that its kratom powder, capsule, gummy, and liquid extract products are highly addictive and function similarly to opioids.

• February 27

A man died after overdosing on kratom purchased from a local smoke shop, prompting his family to file a $10M lawsuit. His mother, Mary Torres, is suing the head shop chain and its suppliers on her family’s behalf, claiming their product led to her son’s death.

• February 16

Another proposed class action complaint was filed against Ashlynn Marketing Group, doing business as Krave Botanicals, alleging false, misleading, deceptive, and negligent sales practices as the result of a Kratom-related death.

2023

• December 21

The judge denied Botanic Tonics and 7-Eleven motion to dismiss.

• December 7

According to a civil complaint, Jordan McKibban purchased kratom products from a local store, believing them to be legal and safe alternatives to pain medications.

The lawsuit alleges these products were the direct cause of his death, holding the importing and marketing companies responsible. It has been filed in the same Washington state county where a jury recently awarded millions of dollars in another kratom-related wrongful death case.

• July 27

A Florida woman, Krystal Talavera, died in 2021 after taking a kratom product known as “space dust,” and a judge awarded her family more than $11 million from the kratom distributor, known as The Kratom Distro.

She was discovered face down beside an open bag of the substance and was pronounced dead shortly after arriving at the hospital. An autopsy confirmed acute mitragynine intoxication as her cause of death, noting that high levels of this kratom ingredient can cause respiratory failure.

• July 24

The first kratom jury verdict was awarded in The United States. A Washington man named Patrick Coyne was found dead in his living room, and his family brought a kratom wrongful death lawsuit. The court awarded them $2.5 million, citing the “toxic effects of mitragynine,” kratom’s active compound, as his official cause of death.

• July 10

In federal court, Nine2Five LLC and its owner, Sebastian Guthery, pled guilty to felony charges for illegally importing kratom and money laundering.

• April 13

On April 13th, a proposed class action lawsuit was filed against Ashlynn Marketing Group, doing business as Krave Botanicals, alleging false, misleading, deceptive, and negligent sales practices.

• March 28

The proposed class action lawsuit accuses Botanic Tonics and 7-Eleven of misleading consumers by branding Feel Free Wellness Tonic as a safe and healthy substitute for alcohol, even though it allegedly contains kratom, a highly addictive substance.

Although the drink was sold as a kava-based product, the complaint claims that kratom is actually the primary ingredient and is present at more than double the amount of kava.

2022

• June 30

The FDA and FTC issued warning letters to four companies selling kratom products and essential oils as treatments or cures for opioid use disorders. This move was to try to protect consumers from items that haven’t been proven safe or effective.

• June 24

Data shows that kratom contributed to 846 fatal overdoses across 30 states in 2022.

2021

A report by The Tampa Bay Times revealed that there have been over 2,000 fatal overdose deaths involving kratom in the U.S. since 2021.

2019

• April 12

According to a CDC report, kratom was the cause of 91 overdose deaths in 27 states in 2019.

2018

• February 6

The FDA issued a cautionary statement linking kratom to at least 44 deaths, based on its Adverse Event Reporting System. The agency stressed that kratom’s side effects aren’t well understood and noted that 22 out of 25 compounds in kratom may affect brain and heart function.

The FDA issued a mandatory recall order for every food product containing powdered kratom that was manufactured, processed, packed, or held by Triangle Pharmanaturals LLC. Some kratom products were found to contain toxic metals.

2016 – 2017

Between 2016 and 2017, calls to poison control centers about kratom exposure soared, accounting for roughly 65% of total kratom-related calls. Callers described issues like serious agitation, irritability, newborn (neonatal) exposures, withdrawal symptoms, and elevated heart rates.

2016

• August 31

The DEA proposed placing kratom on the Schedule I list (alongside other controlled substances like heroin) because of safety concerns. Congress objected, leading the Drug Enforcement Administration to withdraw the plan and ask the FDA to conduct a scientific review instead.

What Is the OPMS Kratom Lawsuit About?

The lawsuit surrounding OPMS (Optimized Plant Mediated Solutions) Kratom is about the safety and inaccurate marketing of kratom products. Although kratom comes from a plant, making it natural, it still has health risks and can cause severe injury and even death.

People using these products have reported everything from mild symptoms like nausea to severe health issues such as seizures, and in extreme cases, it’s been linked with fatalities.

This has led the FDA and the U.S. Drug Enforcement Administration to issue warnings against its use. However, kratom continues to be accessible in certain regions, often marketed as a harmless herbal remedy.

Book a free consultation

How to File an OPMS Kratom Lawsuit

Filing a Kratom wrongful death or injury lawsuit involves several steps to protect consumers and address wrongful actions within the kratom industry. Here’s what you need to do:

Determine Eligibility

Before filing a lawsuit, it is crucial to determine if you are eligible to join the class action or file a lawsuit on your own. This typically involves experiencing adverse health effects from taking kratom products and being able to provide evidence supporting your claims.

Gather Evidence Against Kratom Manufacturers

To build your claim, you need to gather relevant documentation. This includes proof of purchase, medical records, and any correspondence related to your use of OPMS Kratom products.

File the Personal Injury or Kratom Wrongful Death Lawsuit

Once eligibility is established, an attorney will prepare and file the necessary legal documents to initiate the lawsuit. This includes a complaint outlining your claims against the defendant and any supporting evidence gathered.

Negotiations and Settlements

After filing the lawsuit, there will likely be opportunities for negotiation and settlement with the defendant. Our team will work to secure the best possible outcome for our clients, which may include financial compensation for damages caused by using OPMS Kratom, like lost wages and medical expenses.

Trial

In some cases, negotiations may not lead to a satisfactory resolution, and a trial may be necessary.

Is There a Kratom Class Action Lawsuit?

A group of consumers has joined forces in a class-action lawsuit against several kratom producers, including OPMS Kratom. The accusations are primarily that these Kratom manufacturers and other companies have engaged in misleading advertising tactics and that the drug actually causes serious adverse side effects and sometimes wrongful death.

Although promoted as a natural herbal supplement, there are legitimate questions about how safe kratom really is and concerns that it is an unpredictable and dangerous drug.

The case also involves the American Kratom Association (a consumer advocacy group dedicated to consumer rights). The lawsuit accuses the association of pushing customers to rely on “false, misleading, and materially incomplete medical claims” regarding the positive aspects and safety concerns of kratom.

Kratom Lawsuit Payout Data

The outcome of kratom-related lawsuits varies based on individual case circumstances, but there have been notable settlements and verdicts that provide insight into potential payouts for claimants. In 2023, a jury awarded a family $11 million in a kratom wrongful death lawsuit linked to dangerous kratom products and $2.5 million to another family.

While every case is unique, these outcomes highlight the possible compensation available to those adversely affected by kratom.

Statute of Limitations on OPMS Kratom Lawsuits

The statute of limitations on OPMS Kratom litigation varies significantly from state to state, reflecting the complexity of legal actions involving kratom consumption. In some jurisdictions, statutes may span as short as one year while extending up to six years or more in others.

Given the legal complexities surrounding deadlines for these lawsuits, contacting an experienced attorney is crucial to ensure proper handling of your claim.

How Our OPMS Kratom Lawsuit Attorneys Can Help

Our experienced legal team is dedicated to advocating for consumers harmed by the use of OPMS Kratom products. Here’s how we can help:

Comprehensive Legal Evaluation

We assess cases involving a kratom supplement or other drugs that fail to provide adequate warnings. This evaluation is essential for establishing the grounds for a kratom injury claim or a kratom wrongful death lawsuit.

Gathering Critical Evidence

We collect evidence such as proof of purchases and scientific tests revealing a psychoactive compound or another substance detected in the kratom product.

Legal Representation in Court

Our team prepares for kratom litigation by filing lawsuits against those selling concentrated forms of kratom and other similar products, like concentrated forms or black liquid kratom when it has been linked to severe injury or kratom wrongful death as a result of a deadly dose.

Skilled Negotiation and Trial Expertise

Our attorneys are proficient in negotiating settlements. However, if needed, we are prepared to proceed to a jury trial to secure justice for victims against Kratom manufacturers and vendors who fail to warn consumers.

Who Are the Defendants in Lawsuits Related to OPMS Kratom?

The defendants in these lawsuits predominantly include the manufacturers and those who distribute kratom products, with OPMS Kratom being a central focus due to their prominent role in the industry.

For example, a family filed a kratom wrongful death lawsuit against about a dozen people and companies/Kratom manufacturers as a result of their son’s death from kratom. In some cases, the American Kratom Association is also a defendant.

Some defendants currently under scrutiny include:

• 1100 Alpha LLC
• 1199 Industrial LLC
• 1836 Kratom
• A1 Wholesale
• Acadica
• Advanced Nutrition
• Aether
• Alphabet Wholesale
• American Kratom Association
• Apotheca
• Authentic Kratom
• Axis Holdings
• Beeman Inc
• Biopharmaceutical Technology Services
• Buy Kratom Bulk USA
• Blue Magic
• Botanical Bunny
• CAG Holding Co
• Calibre Manufacturing LLC
• Cannopy Company
• Cascade-Naturals
• Chief Kratom
• Choice Organics
• Christopher’s Organic Botanicals
• Cloud 9 Smoke
• Club 13 Kratom
• Companion Agriculture
• Della Terra Pharmaceuticals
• Delta Extracts Kratom
• Earth Kratom
• Engaged Investments LLC
• EXP Kratom
• Experience Botanicals
• First Coast Tea Co.
• Glazba Botanicals
• Gulf Coast Kratom
• Happy Go Leafy
• Happy Hippo Herbals
• Harvest Kratom
• Herbal RVA
• Highway 160 Way LLC
• Hush Kratom
• I Am Shaman
• Innovo Activas
• J&M Distributors
• Johnson Foods LLC
• Jordan Process
• Just Kratom
• K Chill
• K-Tropix
• Kats Kratom
• Kenji Kratom
• King Kratom
• Klarity Kratom
• Koi Kratom
• Kraken Kratom
• Kratom Country
• Kratom Crazy
• Kratom Kaps
• Kratom Source USA
• Kratom Spot
• Kryptic Kratom
• Legends Kratom Company
• LGI Holdings
• Lih Tea Company
• LIV Group
• LP Ind. LLC
• Mark Jennings
• Mark Reilly
• Martian Sales
• Mehaek Corporation
• Mit45
• MitWellness
• Mystic Island Kratom
• New Dawn Kratom
• Nova Kratom
• NP Biopharma
• NP Pharma Holdings LLC
• NuWave Botanicals
• Nuza LLC
• O.P.M.S. Kratom
• Oasis Kratom Products
• OEWM LLC
• Olistica Life Sciences Group (name changed to Centralized Services)
• One Stop Herbal Shop
• Onix Media
• OPMS Solutions
• OPMS Solutions Group
• OPMS Wholesale
• Optimized Plant Mediated Solutions
• Organic Kratom USA
• Overseas Organix
• PA Botanicals
• Pacific West Holdings
• Party Nuts
• Payton Palaia
• Peyton Shea Palaio
• PFI LLC
• Phytoextractum
• Precision Biologics
• Pur Botanical
• RMH Holdings
• Savro Management
• SK Herbalist
• Shell Corporation
• Stardust Kratom
• Super Speciosa
• The Golden Monk
• Top Extracts
• Total Packing Solutions
• Tusk Kratom
• UZIEL LLC
• Whole Herbs Kratom
• Whyodius Botanicals
• World of Tobacco

Why Are People Filing OPMS Kratom Lawsuits?

People are filing Kratom injury lawsuits due to a range of serious concerns associated with kratom products marketed as safe herbal supplements. The kratom industry claims it offers relief for chronic pain and that kratom acts as an aid for opioid withdrawal symptoms.

However, many kratom products are being sold without providing adequate warnings about their psychoactive compounds that can act similarly to illegal drugs.

Failure to regulate kratom has led to kratom being linked to numerous adverse outcomes, including kratom wrongful death lawsuits. Consumer advocacy groups have criticized the American Kratom Association for spurious claims and pushed for better protection of ordinary consumers to prevent foreseeable injuries arising from this dangerous drug.

Despite being labeled as a “completely safe substance,” kratom has not been approved by the Food and Drug Administration as safe for human consumption. Ultimately, individuals are filing kratom wrongful death lawsuits to hold these companies accountable and to seek financial compensation for their injuries and losses.

What Are Kratom Products?

Despite claims from the kratom industry that kratom, a tropical tree native to Southeast Asia (called Mitragyna speciosa), can treat pain and bring other benefits without significant risk, the Food and Drug Administration has classified kratom as an unapproved drug for any medical purpose.

Several jurisdictions have banned kratom due to its association with serious adverse health effects. Kratom use, particularly in concentrated forms such as black liquid kratom and liquid kratom shots, can lead to opioid-like effects and drug dependence, posing significant human health risks.

Many products are sold legally in venues like smoke shops and gas stations, yet they are often marketed without adequate warnings about their psychoactive properties or the possibility of adverse effects.

Consult an Experienced Attorney Today!

Obtaining justice after experiencing harm from kratom or losing a loved one is an incredibly difficult spot to find yourself in. Fortunately, you don’t have to handle it alone. Rosenfeld Injury Lawyers can help you with all of the legal aspects of seeking justice while you focus on healing.

If you suspect that you have been harmed because manufacturers of kratom illegally import the product and fail to warn consumers properly about these dangerous products, we can help. To schedule a free case evaluation, call (888) 424-5757 or complete our online contact form.

Specific Cases We Handle

• Depo provera
• Ozempic
• Suboxone
• Medical Devices

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.