Kratom, also known as Mitragyna speciosa, is a type of tree from Southeast Asia. The dried leaves of the Kratom tree have become a popular supplement around the world, citing alleged therapeutic benefits. However, critics have cited a range of problems and concerns about the plant. It interacts with the opioid receptors of the brain, and there are legitimate fears that Kratom may have serious addictive potential. The drug has also seen links to issues such as liver toxicity, respiratory distress, and more.
In some cases, people have even died from Kratom overdoses. This has led their loved ones to take manufacturers, distributors, and retailers of Kratom to court for product liability, wrongful death, and related claims. If you or a loved one has suffered an injury related to Kratom consumption, reach out to a Kratom personal injury lawyer today by completing our online form.
There are many so-called strains of Kratom that distributors advertise to their users, such as red, green, white, and yellow strains. In reality, the plant is the same; the differences in color and effect stem from how growers process the Kratom.
Slow-dried red Kratom bears an association with sedation, while white Kratom dried quickly under direct sunlight is considered to energize users. Green (Kratom leaves dried at moderate intensity) and yellow Kratom (blends of different Kratom leave colors) fall between these extremes.
Common reasons that Kratom consumers cite for using the drug include:
In 2021, over 1.7 million Americans above the age of 12 reported trying Kratom. Since then, the number has almost certainly grown. Regulatory agencies believe that Kratom use is under-reported, and estimates from 2021 placed the real figure at around 0.7% of the US population; closer to 3 million.
The Drug Enforcement Administration (DEA) took initial steps toward restricting Kratom in 2016. The organization issued an emergency notice, where it would soon classify mitragynine and 7-hydroxy mitragynine as Schedule I controlled substances at least temporarily.
Backlash from advocacy groups and members of congress led to this initiative halting, and kratom and its active components have remained unscheduled and unclassified. As such, there are almost no federal regulations surrounding the import, sale, and consumption of Kratom.
Sixteen states across the United States regulate Kratom sales. In some cases, these regulations are restrictive, while in others, states have implemented a model law recommended by the American Kratom Association. Some versions of the Kratom Consumer Protection Act are in effect in eleven states; however, this law has come under fire for allegedly doing little to protect consumers and instead protecting the Kratom industry from regulation.
On the other hand, Kratom is illegal in five states. Another eight states are home to cities or counties that individually ban kratom, while the substance is legal in the rest of the state.
Know your legal options
Doctors in the United States do not typically recommend or prescribe Kratom as part of standard medical practice. The FDA does not approve Kratom for any medical use, and its safety and efficacy for medical purposes have not been well-established through rigorous clinical trials.
Healthcare professionals in the United States are generally cautious about Kratom due to concerns about its potential for addiction, adverse effects, and the lack of standardized dosing and quality control in the Kratom products available. Instead, doctors typically recommend established and FDA-approved treatments for various conditions.
Kratom has two active alkaloid compounds that can bind to the brain’s opioid receptors. This produces a range of psychoactive effects, as well as the risk of physical and psychological addiction. However, addiction isn’t the only danger. The broader list of Kratom risks includes:
If one of your loved ones dies after using Kratom, there are several parties that you might pursue legal action against. Manufacturers, retailers, and distributors can all be held accountable in cases where a kratom product is labeled improperly, contaminated, or adulterated with other substances. It may be possible to take government regulatory agencies to court, citing a failure to properly regulate a dangerous substance.
However, the ability to carry out such a case will depend heavily on the jurisdiction. In states where Kratom is illegal, it will be much easier to mount a lawsuit than in the eleven states that have passed the KCPA. In all, you need the assistance of experienced product liability lawyers with a proven track record of success.
If you believe you have a wrongful death or product liability case related to Kratom, contact the law firm of Console & Associates, P.C. for a free consultation. Complete our online form and we’ll advise you on your best course of action going forward, and if we represent you in court, you won’t pay a cent unless we win.
