Kratom Lawsuit In 2026: Is This The Next Major Mass Tort?

Major Developments in the Kratom Lawsuit History

Numerous personal injury and wrongful death lawsuits have already been filed against kratom manufacturers. As awareness grows, we expect more legal actions to follow. Recent major kratom lawsuits include:

• $11 Million Florida Default Judgment: Krystal Talavera collapsed and died in 2021 after taking a kratom product called “space dust.” A judge awarded her family over $11 million after the defendant failed to defend.
• Texas Wrongful Death Case: The Hernandez family filed suit in 2022 after their loved one died from drinking kratom tea, alleging companies falsely marketed kratom as a safe remedy for opioid withdrawal.
• $2.5 Million Washington Verdict: In 2023, a jury in Washington State awarded $2.5 million in the nation’s first kratom wrongful death trial. The case involved Patrick Coyne, who died of acute mitragynine intoxication after using “Kratom Divine.”
• $8.75 Million Feel Free Settlement: Botanic Tonics settled a nationwide consumer class action over labeling.
• 7-OH Class Actions: September 2025 suits against CBD American Shaman and Kama Distribution claim 7-OH tablets lack addiction warnings.

Will Kratom Become a Mass Tort?

The term “mass tort” refers to claims that arise from a product or substance that injures many people. Thus, as researchers solidify the connection between kratom and undisclosed adverse effects, it could trigger kratom mass tort litigation.

However, as of 2026, federal courts have not consolidated kratom lawsuits across the country into a multi-district litigation (MDL) in a single district court. Additionally, no nationwide injury class action lawsuit has been certified, although plaintiffs settled an earlier consumer class action.

As a result, kratom lawsuits are proceeding as individual cases. These litigations are spread across state and federal courts and remain in their early stages.

Class Action vs. Individual Lawsuits

Keep in mind that “mass tort” is not the same as “class action.” While class actions have been used for mass torts, kratom will likely take a different path.

Two factors that apply to kratom will likely prevent courts from certifying a class action lawsuit for injuries. First, many different parties prepare, import, distribute and retail kratom. To have a class action lawsuit, the class must have common claims against a definable party or supply chain.

With kratom, there is no distinct group of liable parties. Instead, each injured party will pursue an individual lawsuit against the parties in the supply chain for their product.

Second, a class must have common injuries. This allows the class members to rely on the same scientific evidence and expert witnesses. However, kratom causes a wide range of injuries. Rather than being grouped into a class with other plaintiffs with dissimilar injuries, each individual plaintiff can file a separate lawsuit for the specific harm they suffered.

The distinction between class actions and individual lawsuits is important. In a class action, any settlement or damage award is shared among the class members. In an individual lawsuit, you seek compensation for your specific injuries.

The Role of a Potential MDL

In federal court, a panel of judges can create a multidistrict litigation (MDL). This procedure blends the efficiency of a class action with the personalized damage awards of an individual lawsuit.

According to this procedure, all federal cases with similar claims are sent to a single district court. The plaintiffs can cooperate in gathering evidence and filing motions. However, their cases are tried separately, allowing each plaintiff to present the facts unique to their case.

Many cases involve the same legal issues, such as failure to warn and defective product claims against a handful of major manufacturers.

Additionally, the FDA’s recent warning letters provide plaintiffs with the same evidence to use against these companies. When you combine that with the fact that every kratom case needs similar medical and scientific expert testimony, coordinated litigation makes sense.

Federal Regulators Move Aggressively Against 7-OH

On July 15, 2025, the FDA sent warning letters to seven companies for illegally marketing products containing 7-hydroxymitragynine (7-OH), a naturally occurring compound concentrated into tablets, gummies, drink mixes, and shots.

The FDA’s action was the first in a series of escalating moves to regulate the kratom industry. Nevertheless, this regulatory crackdown was an important step for those filing kratom lawsuits, providing attorneys with powerful evidence straight from the government’s regulatory body.

This was not the federal government’s final move, though. As it sent letters to industry members, the FDA simultaneously requested that the DEA determine whether concentrated and synthetic kratom products should be added to the schedule of controlled substances.

On July 1, 2026, the DEA acted. Noting the absence of medical uses and high risk of abuse, the DEA announced its intent to temporarily add 7-OH-related products to Schedule 1 of the Controlled Substances Act. The DEA finalized the temporary order banning mitragynine pseudoindoxyl, MGM–15, and MGM–16 from August 26, 2026, until August 26, 2028. The DEA’s move hands plaintiffs powerful evidence that kratom manufacturers, distributors and retailers failed to warn users of these substances’ risks.

What Is Kratom and Why Is It So Dangerous?

Kratom comes from the dried leaves of a tropical tree native to Southeast Asia. Workers in Thailand, Malaysia and Indonesia have chewed fresh leaves or sipped kratom tea for centuries to help them stay energized during long workdays. Traditional healers used the substance to treat stomach troubles and chronic pain.

Why People Use Kratom

Americans turn to kratom for a variety of health issues, especially those who prefer natural alternatives to prescription medications. The most common reasons include treating chronic pain and inflammation, managing anxiety and depression symptoms, helping with opioid withdrawal during addiction recovery and boosting energy and alertness throughout the day.

Modern Kratom Products Are Different

The kratom you can buy today at gas stations and vape shops is significantly more potent than traditional preparations, creating addiction and overdose risks that simply didn’t exist with fresh leaves. Modern kratom’s main chemical components can cause physical dependence, withdrawal and breathing difficulties that may even cause death.

What makes kratom particularly dangerous is its dual nature. Lower doses act like stimulants, while higher doses create opioid-like sedation. And with the substance so easily available, millions of Americans don’t suspect they’re consuming something that has addiction potential and could harm them.

Kratom Brands Linked to Injuries and Lawsuits

A key challenge in kratom lawsuits arises from the many businesses that process, package and sell kratom products. Each plaintiff must prove which product they used and identify its defects. Specifically, these kratom brands may have injured users:

• OPMS
• MIT 45
• Hush Kratom
• 7OHMZ
• Feel Free tonic
• Kratom Divine
• Whole Herbs
• Remarkable Herbs
• KRATOMade
• Dr. Kratom

A related product, 7-hydroxymitragynine (7-OH), is marketed under the following brands:

• 7OHMZ
• 7Tabz
• CBD American Shaman
• Press'd
• Jubi
• Ultra Seven
• Pure Ohms
• On7
• Opia

These lists are not exhaustive. Other kratom and 7-OH brands may also be used to market dangerously defective products. Many of the major manufacturers are currently facing personal injury lawsuits.

What Are the Serious Health Risks and Side Effects of Kratom?

Kratom users have experienced adverse side effects that can be life-threatening, ranging from cardiovascular problems to serious addiction. Despite industry claims that kratom is natural and safe, medical research doesn’t support this. Some of the documented Kratom health risks include:

• Cardiovascular problems like heart rhythm abnormalities, high blood pressure and cardiac arrest
• Neurological issues, including seizures, confusion, cognitive impairment and tremors
• Liver and kidney damage
• Respiratory problems
• Addiction and withdrawal symptoms

The Centers for Disease Control and Prevention (CDC) found kratom was detected in 152 overdose deaths and listed as a cause in 91. However, 95% involved other drugs. Between 2015 and 2025, kratom-related calls to U.S. poison centers increased by roughly 1,200%, from 258 to 3,434 calls. CDC researchers tie the rise to high-potency 7-OH products.

Can You File a Kratom Lawsuit?

If kratom has hurt you or someone you love, you might wonder whether you have a legal case and could pursue damages. Here’s how you could file a kratom lawsuit:

• Personal Injury Claims: If kratom caused you serious injuries and financial losses from medical treatment or being unable to work, you could have a personal injury case.
• Wrongful Death Cases: Family members of someone who died from kratom can seek compensation for medical and funeral expenses, lost income and financial support, pain and suffering damages, loss of companionship and other damages.
• Addiction Claims: If you became addicted to kratom, you may be able to file a claim and recover costs for addiction treatment and rehab, wages lost during treatment and mental health treatment expenses.

Who Can Be Held Liable?

Product liability law covers the entire supply chain, including manufacturers, distributors, importers and retailers. In Coyne, the Washington Court of Appeals revived claims against convenience stores.

Families in the Coyne and Talavera cases struggled to collect their money judgments when sellers hid assets. Thus, naming supply chain members matters.

Compensation Available in Kratom Lawsuits

Settlements in kratom litigation can cover economic damages such as medical expenses, lost income, future medical costs and rehabilitation expenses. If you were significantly injured, you may also recover non-economic damages for pain and suffering, loss of consortium and mental anguish.

In cases where manufacturers engaged in particularly egregious conduct, such as trying to cover up known dangers while marketing products as safe, courts may award punitive damages. Such payments are designed to punish the defendant and deter similar behavior.

Steps to Take After a Kratom Injury

• Seek immediate medical attention
• Preserve receipts and kratom packaging
• Document medical treatments and expenses
• Track time missed from work

If you or a loved one has suffered serious health complications or death from kratom use, time is critical for preserving your legal rights. Don’t wait too long to explore your legal options, as you may have only a short time to file a lawsuit. The statute of limitations (deadline to file a lawsuit) varies by state.

Specifically, most states have a personal injury statute of limitations of two to three years from the injury date. Depending on your jurisdiction’s laws, your deadline may be as short as one year or as long as six years.

Families contemplating wrongful death claims after losing a loved one to an overdose may have a completely different timeline, often starting from the date of death. Verify your state’s time limit promptly to avoid missing your filing deadline.

ConsumerShield Is Here When You Need Help

Dealing with a kratom-related injury or losing a loved one to this dangerous supplement can leave you feeling overwhelmed and unsure where to turn. ConsumerShield believes that finding the right attorney during such a difficult time shouldn’t add to your burden. We can take the guesswork and stress out of finding legal help.

ConsumerShield has helped individuals like you connect with skilled attorneys with experience in dangerous product litigation and understand what you’re going through. We’ll match you with attorneys who have successfully handled cases like yours and can guide you through every step of the process, so you can focus on healing.