A wave of Kratom wrongful death lawsuits has been set in motion by the rise in the sale and use of Kratom and 7-OH as both a stimulant and a sedative for pain. The drug is derived from the Kraton plant and has been sold in capsules, tablets, powders, gummies, and smokables. Kratom has both stimulant and sedative properties and, therefore, has been marketed as everything from a pick-me-up to an herbal supplement to a pain reliever. What many manufacturers and distributors fail to disclose is that the drug is highly addictive and can lead to serious psychotic effects and death.
If you have lost a loved one to a Kratom overdose or suffered serious injury due to Kratom addiction, talk to a Kratom overdose lawyer about your rights. At Simmons and Fletcher, we are working with other Kratom wrongful death attorneys to help victims take on the manufacturers and sellers who fail to warn consumers of the serious dangers and risks involved with the use of Kratom. Call 1-800-298-0111 today to be connected with a Kraton overdose lawyer.
What is Kratom?
Kratom is a drug derived from the leaves of a tree of the same name, which is native to Cambodia, Thailand, Indonesia, Malaysia, Myanmar, and Papua New Guinea. The leaves contain two ingredients that have psychoactive properties: mitragynine and 7-hydroxymitragynine (a/k/a 7-OH). The leaves are crushed and then either smoked, added to tea, or placed in capsules for oral consumption. In low doses, the drug acts as a stimulant, whereas in higher doses it acts as a sedative. The drug is both physically and mentally addictive and can cause serious harmful effects such as auditory and sensory hallucinations, confusion, seizures, delusions, liver damage, kidney damage, and wrongful death. Common slang names include: thang, kakuam, thom, ketum, and biak. It is commonly marketed as a supplement and/or pill for various purposes.
Is Kratom Illegal in the United States?
In July of 2025, the Federal Drug Enforcement Agency recommended that 7-OH be designated as a controlled substance. In the meantime, some states have already taken action to outlaw or regulate Kratom. Thus, in some states, Kratom is illegal. There are no FDA-approved 7-OH drugs, 7-OH is not lawful in dietary supplements, and 7-OH cannot be lawfully added to conventional foods.
In What States is Kratom Illegal?
As of 9/11/2025, the following states have outlawed the sale of Kratom: Alabama, Arkansas, Indiana, Louisiana, Vermont, and Wisconsin. Rhode Island had a ban, but recently passed laws to legalize and regulate it. Florida classifies 7-OH, an ingredient found in many Kratom products, as a Schedule 1 controlled substance (making it illegal). Additionally, several states have no statewide ban; however, cities have enacted their own bans.
Several other countries, such as Malaysia, Singapore, Sweden, Poland, and Australia, have banned Kratom as a controlled substance.
Recent Verdicts and Results in Kratom Wrongful Death Lawsuits
Various survivors and their attorneys have brought several kratom wrongful death lawsuits. Some of these include:
- Talavera v. The Kratom Distro: The family of Krystal Talavera was awarded 11 million dollars by a Florida judge after she collapsed in her home while making breakfast and died. Krystal was 39, a wife and mother who consumed a concentrated Kratom extract (Space Dust) in her coffee that morning. The defendants included Grow, LLC, and The Kratom Distro.
- Coyne v. Society Botanicals: The heirs of Patrick Coyne were awarded 2.5 million dollars by a Washington jury against Society Botanicals and its owner for failure to warn of the risks posed by their product, Kratom Divine, after Coyne died from the toxic effects of Kratom.
- A class action against Botanic Tonics resulted in an 8.75 million dollar settlement involving its Feel Free Wellness Tonic and deceptive marketing claims that the product was a safe, sober alternative to alcohol without disclosing that it contained Kratom.
Causes of Action in Kratom Lawsuits
In the majority of Kratom lawsuits, the primary cause of action is failure to warn consumers about the addictive and harmful effects of Kratom. When a product is sold for an intended use, such as consumption, there is an implied warranty by the company that the product is safe for that intended purpose. When the product is known not to be safe when used for its intended purpose, there arises a duty to remedy the problem or at least warn the consumer. Additionally, allegations of fraud, negligence, gross negligence, and deceptive marketing have been brought in Kratom lawsuits.
Who are the Wrongful Death Beneficiaries in a Kratom Overdose Lawsuit?
When someone is wrongfully taken away by the negligent conduct of another, the law of the State they resided in typically allows certain people as wrongful death beneficiaries to bring a claim against those responsible. I Texas, the wrongful death beneficiaries include the deceased person’s parents, spouse at the time of death, and any surviving children. In some states other than Texas, siblings of the decedent are also considered wrongful death beneficiaries.
Talk to a Kratom Overdose Lawyer
If you have been the victim of a Kratom overdose or someone in your family has been lost due to a Kratom overdose, you may have the right to file a Kratom wrongful death lawsuit and seek compensation as wrongful death beneficiaries. Additionally, if you have incurred significant injury and or financial loss due to treatment of Kratom addiction, you may also have legal rights. Let us connect you with a Kratom addiction law firm to discuss your rights by calling 800-298-0111.
Resources:
DOJ/DEA Kratom Drug Fact Sheet: https://www.dea.gov/sites/default/files/2020-06/Kratom-2020_0.pdf
Mayo Clinic, Kraton Unsafe and Ineffective: https://www.mayoclinic.org/diseases-conditions/prescription-drug-abuse/in-depth/kratom/art-20402171
Note: Some cases may be co-counseled with other law firms.
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