Table of contents
- Latest Kava Lawsuit Updates
- September 23, 2026: Arizona Sues Botanic Tonics
- April 2, 2026: CDC Reports on Kava Poison-Center Calls
- August 7, 2025: Judge Upholds New York City Kava Ban
- March 28, 2023: Torres Class Action Filed
- August 11, 2020: FDA Memo Reviews Kava Safety
- March 25, 2002: FDA Issues Kava Advisory
- What Is Kava?
- Who May Be Affected?
- Reported Injuries or Damages
- Recall and Regulatory Background
- Evidence to Preserve
- Filing Deadlines
- Potential Compensation
- Frequently Asked Questions
- What Does the Research Say About Kava and Liver Injury?
- Can I File a Kava Lawsuit for Liver Damage?
- Who Are the Defendants in the Torres Class Action?
- What Does Arizona Say About Kratom Deaths?
- Will Kava Become Illegal?
Feel Free Wellness Tonic, a kava and kratom drink made by Botanic Tonics, LLC, is the subject of two lawsuits. They allege the marketing hid the drink’s kratom content and the risk of addiction.
Torres v. Botanic Tonics, a consumer class action, has settled. The Arizona Attorney General filed a separate consumer fraud suit on September 23, 2026. That suit is pending in Maricopa County Superior Court. No MDL has been formed.
Health agencies also warn about liver injury linked to kava products. The FDA has called indiscriminate recreational use of kava drinks unsafe, and the CDC reviewed poison-center reports of kava exposures in 2026.
Latest Kava Lawsuit Updates
September 23, 2026: Arizona Sues Botanic Tonics
The Arizona Attorney General, Kris Mayes, sued Botanic Tonics, LLC in Maricopa County Superior Court. The suit alleges violations of the Arizona Consumer Fraud Act over its kratom and kava drink “feel free” [1].
The attorney general alleges the drink presents serious risks that the company’s marketing concealed or minimized. The office says Botanic Tonics has sold millions of kratom shots in Arizona since 2020.
April 2, 2026: CDC Reports on Kava Poison-Center Calls
The CDC published an MMWR report on poison-center reports linked to kratom-containing kava products [2]. It counted 203 kava exposures in 2025, up from 57 in 2011.
The report covers records from the National Poison Data System for 2000 through 2025. The CDC counted kava-related calls to poison centers across all of those years.
August 7, 2025: Judge Upholds New York City Kava Ban
A federal judge upheld New York City’s ban on steeped kava beverages in food establishments, according to Courthouse News [3].
The ruling put to rest a two-year case brought by owners of two locations of the Kavasutra cafe. The case challenged a city rule. It was not a lawsuit over harm from kava.
March 28, 2023: Torres Class Action Filed
Romulo Torres filed the proposed class action Torres v. Botanic Tonics, LLC, and 7-Eleven, Inc. in the Northern District of California, Case No. 3:23-cv-01460 [4].
The complaint alleges Feel Free was sold as a kava drink and an alcohol alternative, but its main ingredient is kratom. Those are the plaintiff’s allegations.
August 11, 2020: FDA Memo Reviews Kava Safety
An FDA toxicologist wrote a memo that reviews the published research on kava [5]. It concluded that indiscriminate use of kava as a recreational or relaxation beverage is not safe for human consumption.
The memo highlighted concerns about the hepatotoxic and carcinogenic effects of kava. It also noted that no food additive regulation provides for kava in conventional food.
March 25, 2002: FDA Issues Kava Advisory
The FDA issued a consumer advisory that kava-containing dietary supplements may be associated with severe liver injury, according to the NIH Office of Dietary Supplements [6].
The advisory cited over 25 reports of adverse events in other countries. In the U.S., the FDA received a report of a previously healthy young female who required liver transplantation.
What Is Kava?
According to the National Center for Complementary and Integrative Health, kava is native to the South Pacific and is a member of the pepper family [7].
Pacific Islanders have used kava beverages for thousands of years for ceremonial and medicinal purposes. Kava products are sold in the United States as dietary supplements. Feel Free is described as a kratom and kava tonic.
Who May Be Affected?
Adults who bought and drank Feel Free Wellness Tonic or other kava drinks, supplements or extracts may be affected. The Torres settlement class covered buyers of Feel Free tonics that contain kratom.
Arizonans can file a consumer complaint at www.azag.gov/consumer or call (602) 542-5763 in Phoenix. The attorney general says it will set up a forum for consumers to share experiences with feel free.
CDC poison-center reports since 2013 have mostly involved men aged 20 and older. Combined kava and kratom use reached 30% of kava reports in 2025. Qualifying depends on your own facts and an individual legal review.
Reported Injuries or Damages
Torres alleged addiction and side effects from kratom. The complaint calls kratom “an opioid that carries similar risks of addiction as controlled narcotics.” That is only an allegation.
Arizona alleges that Botanic Tonics obscured the kratom content and failed to disclose risks of addiction and withdrawal. Regulators describe a different harm, which is liver injury linked to kava.
NCCIH says various kava products have been linked to rare cases of liver injury. Some cases were serious or even fatal. The FDA raised liver concerns in its 2002 advisory and its 2020 memo.
The CDC’s poison-center data show 3,101 kava exposures from 2000 to 2025. Serious outcomes were 32% in 2025 compared with 12% in 2000. Eight people died, a fatality rate of 0.25%.
The CDC data included no acute liver failure cases. Reports like these do not prove that kava caused each outcome.
Recall and Regulatory Background
No recall exists for kava. The DEA says in its kava fact sheet that kava is not controlled under the Controlled Substances Act [8].
The New York City rule reaches kava drinks sold in food establishments. It does not reach the plant itself. The judge noted that the plant is banned in Germany, Switzerland, France and Canada.
Evidence to Preserve
Keep anything that shows what you bought, how you used it and what happened to your health:
- Product bottles and packaging, including lot numbers, for any Feel Free or other kava product you used
- Receipts, loyalty or subscription records and bank statements that show Feel Free or kava purchases
- Photographs of the product, the label and the packaging as you received it
- Medical records, liver tests and prescriptions from any provider who treated you
- Notes on your symptoms, how often you used the product and when problems began
- Messages with sellers or the company about the product or your symptoms
Filing Deadlines
Filing deadlines come from state law. They vary with where you live and when your use, injury and diagnosis happened.
Some states start the clock at diagnosis rather than at the time of use. That is why the date of your diagnosis can matter to a claim.
Missing a deadline can end a claim, no matter how strong the facts are. Check with a lawyer promptly, so you know which deadline applies to you.
Potential Compensation
In Torres v. Botanic Tonics, LLC, Botanic Tonics agreed to an $8.75 million settlement, according to Consumer Action [9]. The company did not admit wrongdoing.
The deal covered tonics containing kratom bought between March 28, 2019 and March 5, 2025. Claims in cases like these may seek the cost of products bought, medical expenses, lost income, and pain and suffering.
Compensation amounts vary by case. Past results do not guarantee future outcomes. Each person’s records and diagnosis shape any potential compensation.
Frequently Asked Questions
What Does the Research Say About Kava and Liver Injury?
Research on kava and liver injury includes the CDC poison-center review. It found no acute liver failure. It did report transaminase elevations in a few cases. The FDA’s earlier advisory described hepatitis, cirrhosis and liver failure in reports from other countries.
Can I File a Kava Lawsuit for Liver Damage?
Whether you can file a kava lawsuit for liver damage depends on your facts. It also depends on your state’s deadline. The two known cases, Torres and the Arizona suit, concern Feel Free’s marketing and kratom content.
Who Are the Defendants in the Torres Class Action?
The defendants in the Torres class action are Botanic Tonics, LLC and 7-Eleven, Inc. The federal docket also lists Anthos Capital, Hydra623 Holdings, JW Ross and Nowhere Partners among the parties. The complaint’s claims are allegations.
What Does Arizona Say About Kratom Deaths?
Arizona says its health department identified 146 documented kratom deaths in the state between 2020 and 2023. The attorney general’s release says these are kratom deaths. They are not kava deaths. The suit’s claims against Botanic Tonics are allegations.
Will Kava Become Illegal?
Whether kava will become illegal is not settled. The DEA says kava is not controlled under the Controlled Substances Act. Some places restrict it, and Germany, Switzerland, France and Canada ban the plant.