Kratom Lawsuit in 2026 | Get the Right Lawyer

Kratom, the “opioid withdrawal plant,” has been linked to an increased risk for serious side effects including liver failure, toxicity, overdose, and death. Our lawyers need to speak with you now if you or a loved one was harmed by kratom side effects.

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Table of contents
  1. Latest Kratom Lawsuit Updates
  2. October 16, 2026: Family Sues Kratom Seller After Riverside County Woman Dies
  3. October 9, 2026: HHS Recommends 7-OH Thresholds
  4. September 23, 2026: Arizona Sues Feel Free Maker
  5. July 28, 2026: Baltimore Sues Kratom Makers
  6. July 1, 2026: DEA Moves to Schedule 7-OH
  7. May 8, 2026: Missouri Judge Denies Order Against American Shaman
  8. October 31, 2025: FDA Posts Monarch Premium Kratom Recall
  9. November 6, 2024: Proposed Class Action Targets Kryptic Kratom Maker
  10. August 26, 2024: Parents Sue Kratom Makers Following Daughter’s Death
  11. August 2, 2024: FDA Warns Consumers Against Popular Kratom Product
  12. July 8, 2023: Kratom Vendor Ordered to Pay $4.6 Million
  13. What Is Kratom?
  14. Who May Be Affected?
  15. Reported Injuries or Damages
  16. Recall and Regulatory Background
  17. Evidence to Preserve
  18. Filing Deadlines
  19. Potential Compensation
  20. Frequently Asked Questions
  21. Is Kratom an Opioid?
  22. Can a Family File a Kratom Lawsuit After a Death?
  23. What Does Research Say About 7-OH Potency?
  24. Are There Any FDA-Approved Kratom Products?

Kratom products face wrongful-death suits, proposed class actions and government suits across the United States. Plaintiffs allege overdose deaths and addiction linked to kratom powders, capsules and drinks.

Individual suits and proposed class actions are pending in separate courts. No MDL has been formed. No kratom class has been certified. The complaints allege that sellers failed to warn of addiction and overdose risk.

The FDA has warned consumers not to use kratom, and the DEA has moved to place 7-OH above a set threshold in Schedule I. Anyone harmed by kratom should stop using it and get medical care.

Latest Kratom Lawsuit Updates

October 16, 2026: Family Sues Kratom Seller After Riverside County Woman Dies

Three children of Lisa Marie Dominguez filed a lawsuit over her passing in Menifee, California, KESQ reported [1]. She was a 55-year-old Riverside County woman.

The suit names Hundreds Premium, LLC, doing business as Exotic Blue Magic, and Almond Smoke Shop. It alleges unsafe mitragynine levels, inadequate warnings and misleading safety claims. The coroner found acute mitragynine intoxication. The allegations are not yet proven.

October 9, 2026: HHS Recommends 7-OH Thresholds

The U.S. Department of Health and Human Services recommended thresholds for 7-OH and MGPI in an HHS announcement [2]. They are meant to aim temporary Schedule I control at concentrated products and not natural botanical kratom.

The thresholds are 1 milligram per gram in solids or 1 milligram per milliliter in liquids, or a mitragynine-to-7-OH ratio below 100. HHS announced the recommendation on October 9, 2026.

September 23, 2026: Arizona Sues Feel Free Maker

Arizona Attorney General Kris Mayes sued Botanic Tonics, maker of the Feel Free kratom drink. The suit was filed in Maricopa County Superior Court, AZFamily reported [3].

The state alleges the company “has repeatedly and willfully violated the Arizona Consumer Fraud Act.” It also alleges the company concealed or minimized health risks. These are allegations by a state, and they are not findings.

July 28, 2026: Baltimore Sues Kratom Makers

The mayor and city council of Baltimore sued makers and distributors of multiple kratom products. The suit was filed in Baltimore City Circuit Court, Courthouse News Service reported [4].

The city claims the marketing and sale of the products violate its consumer protection ordinance. It alleges unfair, abusive or deceptive trade practices. This is a government suit and not an injury claim.

July 1, 2026: DEA Moves to Schedule 7-OH

The DEA sent two Notices of Intent to the Federal Register on Wednesday, July 1, 2026 [5]. They would temporarily place 7-OH above a specified threshold in Schedule I.

They also cover mitragynine pseudoindoxyl, MGM-15 and MGM-16. The action does not apply to botanical kratom products that contain naturally occurring 7-OH below the specified threshold.

May 8, 2026: Missouri Judge Denies Order Against American Shaman

A Jackson County, Missouri judge denied the Missouri Attorney General’s request for a temporary restraining order against American Shaman, the Missouri Independent reported [6].

The request sought to halt American Shaman kratom and 7-OH sales. The denial was without prejudice. Judge McKenzie cited competing affidavits from experts and ordered a further hearing.

October 31, 2025: FDA Posts Monarch Premium Kratom Recall

The FDA posted a voluntary recall by Vanguard Enterprises, LLC, doing business as Bedrock MFG of Boise, Idaho [7]. The FDA recall notice names Monarch Premium Kratom.

The recall covers Bali Gold, Red Bali, Green Maeng Da and White Elephant powders. The company announced it on October 28, 2025, because of possible Salmonella contamination.

November 6, 2024: Proposed Class Action Targets Kryptic Kratom Maker

A proposed class action was filed against the company behind Kryptic Kratom and K-Chill supplements, Law360 reported [8]. It accuses the company of concealing the “addictive potential” of kratom.

The suit likens kratom to opioids, morphine and heroin. These are allegations in a proposed class action that no court has certified. Law360 reported them on November 6, 2024.

August 26, 2024: Parents Sue Kratom Makers Following Daughter’s Death

Parents of a woman who died allegedly of a kratom overdose sued manufacturers and retail sellers in a Colorado state lawsuit, Law360 reported [9].

The parents say the companies should have known their product was “unreasonably dangerous.” No court has decided the suit, and it rests on allegations.

The Tampa Bay Times reported that the FDA warned consumers not to use the popular O.P.M.S. kratom product [10].

A Times investigation linked O.P.M.S. products to multiple fatal overdoses across Florida. No court has found cause.

July 8, 2023: Kratom Vendor Ordered to Pay $4.6 Million

NPR reported that in May 2023 a federal judge in the U.S. District Court for the Southern District of Florida ordered a kratom vendor to pay more than $4.6 million in damages [11].

The award is for the family of Krystal Talavera. She died in 2021 of what a medical examiner said was acute kratom intoxication.

What Is Kratom?

According to the FDA kratom page, kratom is a tropical tree (Mitragyna speciosa) native to Southeast Asia. Products prepared from its leaves are sold in the U.S. online and in stores [12].

According to the National Institute on Drug Abuse, kratom leaves contain many alkaloids. The most well-studied are mitragynine and 7-hydroxymitragynine [13].

Who May Be Affected?

You may be affected if you used kratom products. These include powders, capsules, drinks and strong 7-OH products. Matching problems include liver toxicity, seizures, substance use disorder or an overdose after using them.

Families may also be affected when a coroner or medical examiner names kratom or mitragynine in a death. Recent suits cite findings of acute mitragynine intoxication and acute kratom intoxication.

Whether a person may qualify for a claim depends on an individual legal review of the facts, such as the product used, when and how it was used, the harm and the dates.

Reported Injuries or Damages

Plaintiffs in the wrongful-death suits allege overdose death and addiction. The FDA cites serious adverse events, including liver toxicity, seizures and substance use disorder.

The FDA says mitragynine and 7-OH bind the same brain receptors (mu opioid receptors) as opioid drugs such as codeine. These compounds may produce sedation, nausea and vomiting, constipation, physical dependence and withdrawal.

They may also cause respiratory depression that may lead to death. In rare cases, deaths have been associated with kratom use.

The FDA says kratom was usually used with other drugs. Its contribution is unclear. The Riverside County coroner’s report also lists chronic alcohol use as a contributing factor.

NIDA says a very small number of deaths have been linked to kratom products. Nearly all involved other drugs or contaminants. NIDA also lists rare but serious psychiatric, cardiovascular, gastrointestinal, respiratory and liver problems.

Recall and Regulatory Background

Vanguard Enterprises recalled the four Monarch Premium Kratom powders because of possible Salmonella contamination. The notice says they were distributed nationwide in retail stores and by mail order. Consumers can call 888-347-5088. A recall does not by itself establish liability.

Evidence to Preserve

These items can help document a kratom injury or death, so keep them safe:

  • Product packaging, labels and lot numbers, plus any remaining product that you still have.
  • Purchase receipts, card statements and the name of the store where you bought it.
  • Photographs of the product and of the place where it was sold.
  • Medical, hospital, toxicology, coroner or medical examiner records for the person harmed.
  • Prescriptions and a list of other substances or medications that were used.
  • Messages and online order records connected to the purchase or the harm.
  • Notes on when kratom use started and when the first symptoms began.

Filing Deadlines

Each state sets its own filing deadline. The time limit also depends on when the injury, illness or death, and its cause, became known.

Missing a deadline can end a claim even when the facts about the harm are strong and well documented by records.

Because the rules differ by state and by date of harm, ask a lawyer promptly which deadline covers your kratom claim.

Potential Compensation

If a claim succeeds, damages may include medical expenses, lost income and pain and suffering. In a death case, they may also include funeral costs and the family’s loss of the person.

The Talavera judgment in the Latest Updates shows a federal court has awarded damages in a kratom death case. Compensation amounts vary by case. Past results do not guarantee future outcomes. Potential compensation depends on the facts of each claim.

Frequently Asked Questions

Is Kratom an Opioid?

Kratom itself is an herbal substance that NIDA says can produce opioid- and stimulant-like effects. HHS describes 7-OH and MGPI as potent opioid compounds associated with products marketed as kratom.

Can a Family File a Kratom Lawsuit After a Death?

Families have filed kratom wrongful death lawsuits. NPR reports a firm partnering on dozens of similar suits that accuse vendors of selling a dangerous product without proper warnings and instructions. These are allegations.

What Does Research Say About 7-OH Potency?

Research says 7-OH is substantially more potent than morphine in preclinical studies, according to the FDA’s scientific review. HHS reports available data show about two to nine times greater potency, depending on the study.

Are There Any FDA-Approved Kratom Products?

No kratom products are FDA approved as drugs, the FDA says. The DEA scheduling notice for 7-OH lists powders, tablets, capsules, gummies and dissolvable strips among the product forms it covers.

References
  1. https://kesq.com/news/crime/stronger-together/2026/10/16/family-sues-kratom-manufacturer-and-retailer-after-riverside-county-mothers-death/
  2. https://www.hhs.gov/press-room/hhs-recommends-thresholds-enhanced-kratom-products-7-oh-mgpi.html
  3. https://www.azfamily.com/2026/09/23/arizona-sues-popular-feel-free-kratom-drink-maker-alleging-it-hid-health-risks/
  4. https://www.courthousenews.com/baltimore-sues-kratom-makers-citing-local-ordinance/
  5. https://www.dea.gov/press-releases/2026/07/01/dea-temporarily-schedule-7-oh-and-related-substances-protect-public
  6. https://missouriindependent.com/2026/05/08/judge-denies-missouri-ags-bid-to-immediately-halt-7-oh-kratom-sales-by-american-shaman/
  7. https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/vanguard-enterprises-llc-dba-bedrock-mfg-recalls-monarch-premium-kratom-powder-because-possible
  8. https://www.law360.com/articles/2257712/kratom-co-failed-to-warn-of-addictive-potential-suit-says
  9. https://www.law360.com/articles/1873038/parents-sue-kratom-cos-over-adult-daughter-s-death
  10. https://www.tampabay.com/investigations/2024/08/02/fda-warns-consumers-not-use-popular-opms-kratom-product/
  11. https://www.npr.org/2023/07/08/1186514144/kratom-herbal-supplement-lawsuits-deaths-fda
  12. https://www.fda.gov/news-events/public-health-focus/fda-and-kratom
  13. https://nida.nih.gov/research-topics/kratom