Kratom Lawsuit in 2026: Is This the Next Major Mass Tort?

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 linked kratom to 152 deaths between 2016 and 2017, with 87% involving multiple substances. While fatalities from kratom alone may be uncommon, combining kratom with other drugs can create dangerous interactions.

FDA Takes Action Against Kratom Industry in July 2025

On July 15, 2025, the FDA sent warning letters to seven companies for illegally marketing products containing 7-hydroxymitragynine (7-OH), a synthetic compound that can be up to 30 times more potent than morphine.

The FDA had never taken such strong action against the kratom industry before, which has largely operated without proper oversight until now. This regulatory crackdown is huge news for those filing kratom lawsuits, providing attorneys with powerful evidence straight from the government’s regulatory body.

Recent Kratom Lawsuits and Verdicts

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 Verdict: Krystal Talavera collapsed and died in 2021 after taking a kratom product called “space dust.” A judge awarded her family over $11 million after an autopsy confirmed acute mitragynine (a chemical in kratom) intoxication as her cause of death.
• 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.”
• Growing Class Actions: Multiple consumers have joined forces and filed class actions against kratom manufacturers, suggesting individual cases may soon consolidate into larger mass tort litigation.

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.

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.

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, 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.

Class Action vs. Individual Lawsuits

Two factors that apply to kratom will likely prevent courts from certifying a class action lawsuit. 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.

All signs point to there being a kratom mass tort in the near future. With a flood of lawsuits already filed and more families coming forward, kratom litigation is showing all the indicators of mass tort development. 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.

Steps to Take After a Kratom Injury

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.

Take the immediate steps to protect your case, including preserving evidence, such as receipts proving purchase and kratom packaging. Document everything, including your medical treatments, time away from work and out-of-pocket expenses connected with your kratom injury. Most importantly, if you have not already done so, get medical advice immediately.

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.