Lawsuits Filed Against Kratom Manufacturers Allege Wrongful Death
Lawsuits involving kratom-related deaths have focused on product warnings, marketing, product composition, and whether manufacturers and distributors adequately informed consumers about potential risks.
Kratom has become the subject of wrongful death and product liability litigation in several states. The plant Mitragyna speciosa contains alkaloids including mitragynine and 7-hydroxymitragynine, commonly known as 7-OH. Kratom products are sold in a variety of forms, including powders, capsules, extracts, and liquid products.
The legal and regulatory landscape has changed since many of the early kratom lawsuits were filed. The U.S. Food and Drug Administration has warned consumers about serious risks associated with kratom and has taken separate enforcement action against concentrated 7-OH products. At the same time, Illinois’ Kratom Control Act continues to regulate sales to minors rather than treating all kratom products as controlled substances under Illinois criminal law.
Quick Answer
Kratom-related injury or wrongful death claims can involve product liability theories such as inadequate warnings, defective design, manufacturing defects, or negligent marketing, depending on the facts. Two widely reported kratom wrongful death cases resulted in an $2.5 million Washington jury verdict and an $11 million Florida default judgment. Those outcomes were based on the facts and legal proceedings in those individual cases and do not establish automatic liability for every kratom manufacturer or distributor.
What Is Kratom?
Kratom is derived from the leaves of Mitragyna speciosa, a tree native to Southeast Asia. Its principal alkaloids include mitragynine and 7-hydroxymitragynine. These compounds can interact with opioid receptors and can produce stimulant-like effects at some doses and opioid-like or sedating effects at others.
Kratom products have been marketed for a variety of purported purposes, including pain management, relaxation, and assistance with opioid withdrawal. The FDA, however, states that kratom is not lawfully marketed in the United States as a drug product, dietary supplement, or food additive in conventional food. The agency has also warned consumers about serious adverse events associated with kratom, including liver toxicity, seizures, and substance use disorder.
The FDA has separately focused on concentrated 7-OH products. In 2025, the agency warned consumers that concentrated 7-OH products sold as tablets, gummies, drink mixes, and shots are potent opioid products that have not been proven safe or effective for any use.
Kratom and Concentrated 7-OH Are Not the Same Thing
The FDA’s more recent warnings distinguish traditional kratom leaf from products containing enhanced or added 7-hydroxymitragynine. That distinction can matter when evaluating a particular product, its labeling, its ingredients, and the legal theories that may apply.
Kratom and Illinois Law
Illinois has a Kratom Control Act, 720 ILCS 642. The statute defines kratom to include the plant Mitragyna speciosa and products containing its compounds, including mitragynine and 7-hydroxymitragynine.
Under the current Illinois statute, a person under 18 may not knowingly purchase or possess a product containing kratom, and a person may not knowingly sell, buy for, distribute samples of, or furnish kratom to a person under 18. The statute therefore establishes an age restriction rather than making kratom itself a controlled substance under Illinois law.
Illinois lawmakers have also considered additional legislation concerning kratom products, including proposals addressing product testing, labeling, manufacturing, and sales to people under 21. Those proposals should not be confused with current Illinois law unless and until they are enacted.
Current Age Restriction
Illinois law prohibits the purchase, possession, or furnishing of kratom to people under 18 in the circumstances specified by the Kratom Control Act.
Product Regulation
Illinois has considered additional regulation concerning kratom products, but proposed legislation should be distinguished from enacted law.
Federal FDA Position
The FDA states that kratom is not lawfully marketed in the United States as a dietary supplement, drug product, or food additive in conventional food.
Understanding Kratom Wrongful Death Lawsuits
A wrongful death lawsuit involving kratom is not automatically successful simply because a person died after using a kratom product. A plaintiff generally must establish the elements of the particular legal theory being pursued, which can include proving that a product was defective or inadequately warned and that the defect or failure to warn was a proximate cause of the death.
Depending on the allegations, a lawsuit against a kratom manufacturer, distributor, retailer, or other business could involve claims based on inadequate warnings or instructions, defective design, manufacturing defects, negligence, or other product liability theories.
Product Defect
A plaintiff may allege that the product was defective in its design, manufacturing, or formulation.
Inadequate Warnings
The lawsuit may contend that consumers were not adequately warned about known or reasonably foreseeable risks associated with the product.
Causation
The plaintiff must establish the required connection between the alleged defect or failure to warn and the injury or death.
Damages
A wrongful death claim also requires proof of damages recoverable under the applicable law.
Reported $2.5 Million Kratom Wrongful Death Verdict
One of the kratom wrongful death cases highlighted in national reporting involved a Washington state man who died after consuming kratom. A Washington jury reportedly awarded his family $2.5 million and found the kratom seller liable on the claims presented at trial.
That case was significant because it involved a jury verdict addressing alleged inadequate warnings and instructions concerning the kratom product. The verdict was based on the evidence presented in that particular case and should not be treated as a nationwide ruling that all kratom products are defective.
Why Warnings Matter
A product liability lawsuit may focus not only on what a product contains but also on what the manufacturer or seller told consumers about how the product should be used and what risks consumers could reasonably expect.
$11 Million Florida Kratom Wrongful Death Judgment
Another widely reported case involved Krystal Talavera, a 39-year-old Florida mother of four who died in June 2021. A Florida judge later entered an $11 million default judgment against Grow LLC and Sean Michael Harder, the owner and operator of The Kratom Distro.
The reported judgment followed litigation in which the defendants did not participate in the case in the manner required to contest the claims. The case therefore resulted in a default judgment rather than a jury determination after a contested trial.
According to reporting about the case, Talavera’s death was attributed by the medical examiner to acute mitragynine intoxication. The lawsuit alleged that the kratom product had been marketed as a safe herbal supplement and that adequate warnings were not provided.
MILLION
Reported Florida Judgment
The $11 million amount was entered as a default judgment in the Florida wrongful death litigation involving Krystal Talavera.
A Kratom Product Liability Case Requires Evidence
In a product liability or wrongful death case involving kratom, the specific product can be critically important. Different products may contain different amounts of mitragynine, 7-OH, extracts, or other ingredients. The circumstances surrounding the person’s use of the product and any other substances involved may also affect the medical and legal analysis.
The FDA has specifically noted that in some reported deaths associated with kratom, other drugs were also present and the contribution of kratom was unclear. Consequently, a medical examiner’s findings, toxicology results, product testing, purchase records, packaging, warnings, and the product’s actual composition may all be relevant evidence.
Product Testing
Laboratory testing may help determine the actual ingredients and concentrations present in a particular kratom product.
Warnings and Labels
Packaging, warnings, instructions, advertisements, and other representations made to consumers may be important to a failure-to-warn claim.
Medical Evidence
Medical records, toxicology results, autopsy findings, and expert opinions can help determine the cause of an injury or death.
FDA Warnings About Kratom and 7-OH
The FDA’s position on kratom is important when considering the current landscape. The agency states that kratom is not lawfully marketed as a dietary supplement or drug product and has warned consumers about serious adverse events associated with its use.
In July 2025, the FDA specifically warned about concentrated 7-OH products sold in forms including tablets, gummies, drink mixes, and shots. The agency stated that these products are potent opioid products that have not been proven safe or effective for any use.
The FDA also took enforcement action in December 2025, announcing the seizure of approximately 73,000 units of concentrated 7-OH products from three firms. In July 2026, the agency reported that the DEA had begun the temporary scheduling process for 7-OH above a proposed threshold and certain synthetic 7-OH derivatives.
Why the Regulatory Distinction Matters
Federal regulatory developments involving concentrated 7-OH do not automatically mean that every traditional kratom leaf product is a controlled substance. The product’s ingredients and formulation matter, particularly when evaluating a specific injury or wrongful death claim.
Wrongful Death Claims Under Illinois Law
If a person dies because of a defective or dangerous product, the estate and surviving family members may have claims under Illinois law, depending on the circumstances. The Illinois Wrongful Death Act, 740 ILCS 180/1, provides a cause of action when a person’s death results from the wrongful act, neglect, or default of another when the deceased person would have been entitled to bring an action had death not occurred.
A product-related wrongful death case may involve both wrongful death and product liability principles. Depending on the facts, the evidence may concern the product’s design, manufacturing process, warnings, instructions, marketing, distribution, and the circumstances in which the product was sold.
Illinois product liability claims are subject to specific statutes of limitation and repose, including provisions found in 735 ILCS 5/13-213. The applicable deadline can depend on the type of claim and the circumstances of the injury or death.
Potential Defendants in an Illinois Kratom Lawsuit
Depending on the facts, a lawsuit could potentially involve more than the company that manufactured the kratom product. The identity of the appropriate defendants depends on the product’s supply chain and the legal theory being asserted.
Manufacturer
The company that manufactured or formulated the product may be a potential defendant if the product was allegedly defective or inadequately labeled.
Distributor
A distributor or wholesaler may be involved depending on its role in placing the product into the stream of commerce.
Retailer
A retailer may be named when the facts and applicable law support a claim against the seller of the product.
Other Parties
Advertising, packaging, formulation, testing, or other companies may become relevant depending on the specific circumstances.
Why Kratom Wrongful Death Cases Can Be Complicated
Kratom litigation can involve scientific, medical, regulatory, and product-specific questions. A plaintiff may need to establish what product was consumed, what the product contained, how it was marketed, what warnings were provided, whether the warnings were adequate, and whether the product caused the injury or death.
These cases can become especially complex when multiple substances were present or when the product was an extract or concentrated formulation rather than ordinary kratom leaf. The FDA has specifically cautioned that the circumstances of reported kratom-associated deaths vary and that the contribution of kratom can be unclear when other substances are also involved.
Evidence Can Make the Difference
Product packaging, purchase receipts, laboratory testing, medical and toxicology records, advertising materials, warnings, communications with the manufacturer, and evidence concerning the product’s supply chain can all be relevant in a kratom-related injury or wrongful death case.
Talk to a Champaign, IL Personal Injury Attorney Today
Dangerous or defective products can cause serious injuries and death. When a person dies after using a kratom product, the legal issues can involve product liability, wrongful death, medical causation, warnings, product composition, and the conduct of companies throughout the supply chain.
The Champaign personal injury attorneys at Patel Law, PC represent clients and families pursuing claims involving dangerous or defective products. Our attorneys can review the available evidence and help determine what legal claims may be available under Illinois law.
Contact Patel Law, PC to schedule a consultation regarding an Illinois product liability or wrongful death case.
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Sources
U.S. Food and Drug Administration — FDA and Kratom
U.S. Food and Drug Administration — Products Containing 7-OH Can Cause Serious Harm
U.S. Food and Drug Administration — FDA Takes Steps to Restrict 7-OH Opioid Products
720 ILCS 642 — Illinois Kratom Control Act
WPTV — Judge awards $11 million to family in death of Boynton Beach woman from kratom
NPR — Kratom herbal supplement lawsuits and reported deaths
