Full disclosure: When this writer first heard “kratom,” I thought it was the name of some new supervillain in a movie.
But it’s not—kratom might be a supervillain of sorts, but not that way. Rather, it’s a controversial herbal supplement that’s at issue in dozens of wrongful death lawsuits across the country.
What is kratom?
Kratom is a tropical tree native to Southeast Asia; specifically, it is indigenous to Thailand, Malaysia and Myanmar. Its scientific name is Mitragyna speciosa, which is an evergreen that’s part of the Rubicaeae family, which also includes coffee. Unlike coffee, kratom leaves contain a chemical called mitragynine, which works like opioids such as morphine.
Traditionally, kratom leaves were used as medicine, but they’re now used as a recreational drug. Researchers say the substances in the leaves attach to nerve cells the same way opioid painkillers do and the effect on the brain is similar. Kratom has serious side effects and is addictive.
Kratom is regulated as a controlled substance in Thailand, Malaysia, Australia, and some European countries. It’s banned in other regions. The U.S. Drug Enforcement Agency (DEA) considered a ban in 2016, but instead chose to give scientists more time to study the substance.
How do you use kratom?
A person could experience the effects of kratom by chewing the leaves directly, brewing into tea, or using in cooking. More often today, the substance is ground into pills or crushed and smoked. In low doses, it’s a stimulant that can make the user feel more energetic. At higher doses, it could make them tired or they could experience a dreamlike state.
Kratom side-effects and addictive properties
Some kratom users report feeling nervousness, anxiety, anger, or sadness without the substance. When they first stopped using it, they experienced pain, sleeplessness, diarrhea and fevers.
According to WebMD, the most common side-effects of kratom are nausea and constipation. Other side-effects include muscle tremors, itching, sweating, dizziness, dry mouth, seizures, hallucinations and liver damage.
The National Survey on Drug Use and Health estimates that 1.7 million Americans ages 12 and older used kratom in 2021.
There are no kratom-containing drugs legally on the market in the U.S. and it is not FDA approved for any prescription or over-the-counter products.
The FDA has indicated that kratom is “not appropriate for use as a dietary supplement.”
Further, “kratom is a new dietary ingredient for which there is inadequate information to provide reasonable assurance that such ingredient does not present a significant or unreasonable risk of illness or injury and, therefore, dietary supplements that are or contain kratom are adulterated under section 402(f)(1)(B) of the FD&C Act. Further, FDA has determined that kratom, when added to food, is an unsafe food additive within the meaning of section 409; food containing an unsafe food additive, such as kratom, is adulterated under section 402(a)(2)(C)(i).”
Kratom wrongful death lawsuits
There are thousands of businesses that sell kratom, from bars to “health” stores and vape shops.
One of the first kratom wrongful death lawsuits involved Max, a 30-year-old sous chef from Florida. Max collapsed while walking home from the mall after consuming a couple of beers and some amount of kratom, likely as a concentrated extract. The medical examiner’s report said the combination of the alcohol and kratom was the cause of Max’s death.
In another Florida case, this time from Boynton Beach, a 39-year-old nurse and mother of four fell victim. Krystal Talavera was found unconscious one morning after consuming a cup of coffee that apparently contained powder labeled “Space Dust.”
The powder was concentrated kratom extract that Talavera ordered online from an Idaho company. Her cause of death was ruled “acute kratom intoxication.” In the lawsuit that followed, the vendor was ordered to pay more than $4.6 million in damages to her family. And then there was Jordan McKibban. The Cowlitz County, Washington, resident was 37 years old when he died in 2022. A 39-year-old man from the same county died from kratom two years prior. McKibban was experiencing pain in his hands and back and took kratom capsules, powder, and liquid for pain relief. He bought the products at a local shop and believed they were safe and legal. When he died, he had 3,000 ng/mL of mitragynine in his bloodstream.
McKibban’s attorneys sued nearly two dozen defendants for his death. They claimed the defendants failed to warn McKibban that the substance was:
- Fraudulently imported
- Wrongfully distributed, marketed and sold
- Causing dependence, addiction, and withdrawal
- 63 times more deadly than other natural products
- A contributor or cause of numerous overdoses and deaths
Remember: Just because something is “natural,” doesn’t mean it’s safe or healthy!
What states have made kratom illegal?
It is illegal to buy, sell, possess or use kratom in:
- Alabama
- Arkansas
- Indiana
- Rhode Island
- Vermont
- Wisconsin
2025 update:
In August 2025, Florida Attorney General James Uthmeier made it illegal in the state to sell 7-hydroxymitragynine (7-OH), which is a compound found in some kratom products. It is now classified as a Schedule I controlled substance in Florida. The byproduct acts like an opioid and is also referred to as “legal morphine.”
Florida is the first state to ban this byproduct, though the U.S. Food and Drug Administration (FDA) recently recommended that it be banned nationwide.
This ban does not include the kratom leaf or ground kratom.
Some researchers and chemists believe kratom has medicinal potential—as yet, however, there’s not enough science to know whether there is a safe amount, what form of the drug is safe, and how it should be taken.
Who is liable in a kratom wrongful death lawsuit?
Some law firms who solicit kratom plaintiffs have suggested manufacturers, retailers or distributors as defendants in these lawsuits. Claims can be made for improper labeling, contamination, or if the product was adulterated in the chain of transportation or processing. In one Georgia lawsuit, there were a dozen entities and individuals listed as defendants.
Improper labeling seems to be a big problem in the kratom distribution industry. We know the kratom consumed by Talavera in Florida was labeled “space dust.” We don’t know if she knew what she was actually consuming before her death. Improper or inadequate labeling could be a significant liability, since many kratom deaths are caused by either the potency of the drug or its interaction with other substances.
There are several known kratom vendors operating in the U.S. These include:
- Kraken Kratom
- Coastline Kratom
- PurKratom
- The Kratom Syndicate
- Kratom Crazy
- Happy Hippo Herbals
- Gaia Ethnobotanical
- Kratom Spot
- Herbal Salvation
- Phytoextractum
Some of the defendants in kratom lawsuits include Whole Herbs, Hush Kratom, and Cloud House Vaporz.
Legal responsibility for a kratom-related death can vary by jurisdiction. Kratom wrongful death lawsuits are increasing in volume, which, in itself, should serve as a warning to manufacturers and sellers of these products.
If you’ve lost a family member to kratom, you might be able to recover damages on their behalf or your own through a wrongful death or survivorship lawsuit. A survivorship action is brought by the personal representative of the deceased person’s estate. This type of action allows the estate to recover damages that the deceased person would have been entitled to if they had survived. These damages are separate from those recovered in a wrongful death action, which are intended to compensate the surviving family members for their losses.
You can contact a wrongful death lawyer in your state to determine your legal options and receive guidance to move forward with a lawsuit.