Plaintiffs in a class action lawsuit filed this week claim that functional shot brand Feel Free Wellness Tonic and 7-Eleven may have misled consumers about the risk of addiction to kratom, an active ingredient in the drink.
The lawsuit was filed in the United States District Court for the Northern District of California by Romulo Torres, an alcoholic in recovery, and alleges that Feel Free’s parent company, Botanic Tonics LLC, and convenience retailer 7-Eleven had falsely advertised the shots as a kava-based drink that is “a safe, sober, and healthy alternative to alcohol,” despite containing kratom, a drug with opioid-like properties.
Founded in 2021, Botanic Tonics is based in Santa Monica, California and produces 2 oz. shots and supplements under the Feel Free brand, promoting them as functional products that can provide “a social lift without the booze (or hangover)” and “a focus enhancement without the crash,” according to its website. The shots, which use a supplement facts label, contain a proprietary blend of 2600 mg of kava root extract and kratom leaf per 1 oz. serving (or 5,200 mg per bottle). Some versions of the product viewable online featured a label detailing a 2:1 ratio of kratom to kava root.
The complaint alleges that Feel Free employed targeted advertising to market to consumers with a history of substance abuse. Torres, named as a plaintiff, had suffered from alcoholism but had been sober from 2014 until 2022, when his daily consumption of Feel Free resulted in a relapse, the filing claims. Torres alleged his addiction to the tonic worsened to the point where he was drinking 10 Feel Free shots a day and spending over $3,000 each month on the products, experiencing “severe withdrawal symptoms” when he attempted to quit.
Torres was hospitalized last year with symptoms of severe opioid use, including nausea, lapses in consciousness, delirium and psychosis, the complaint states. He was admitted to a detox facility in fall 2022 and the filing stated that his use of Feel Free led him to “lose his job, had severe impacts on his family life, and has undermined his decades of work in recovery.”
But Torres is not the only person accusing Feel Free of creating a physical dependency. The complaint cites numerous online comments from consumers reporting similar experiences, including claims of severe withdrawal and negative health effects. Online there is even a subreddit – r/Quittingfeelfree – which describes itself as a “safe space for people struggling with Feel Free tonic” with around 180 subscribers.
Torres is represented in the case by San Francisco law firms Arns Davis Law and The Veen Firm, P.C.
Speaking to BevNET today, Anthony L. Label, trial team leader at The Veen Firm, called Botanic Tonics’ marketing “misleading at a minimum,” noting that the company has heavily promoted the benefits and effects of kava while rarely discussing kratom.
“I think it’s telling that they didn’t market the true amount of kratom in the drink,” Label said. “The fact that it was a mostly kratom drink and they marketed it as a kava drink, I think that speaks volumes that the company knew that kratom was addictive, damaging and harmful. If they didn’t think it was addictive, damaging and harmful, they would have proudly advertised kratom as being the primary ingredient.”
In an email to BevNET, Botanic Tonics – via their attorney in the case, Brett Schuman – said they “believe the suit is without merit” and that the company “will vigorously defend our product in court.”
“Botanic Tonics products are safe and manufactured, marketed, and distributed to the highest industry standards including product safety testing from certified third-party laboratories and adherence to the FDA’s good manufacturing requirements,” the company said in a statement.
The lawsuit also accuses 7-Eleven of false marketing of the shots, noting that Botanic Tonics was included on the convenience chain’s list of recommended vendors for its California franchisees. The complaint suggested that strong in-store merchandising, including checkout counter placement, helped to increase sales of Feel Free while failing to warn consumers about kratom’s potential side effects.
7-Eleven did not respond to a request for comment from BevNET.
On its website, Botanic Tonics features numerous blog posts educating consumers on its products and the effects of kava – an herbal substance that has been used by a number of startup beverage brands in recent years, including Leilo and Psychedelic Water, among others. Kratom is occasionally mentioned in these posts, described in one February blog as a “clean energy enhancer.”
In 2016, the U.S. Drug Enforcement Administration (DEA) announced it intended to categorize kratom as a Schedule I drug under the Controlled Substances Act, but it later reversed course on the plan.
As recently as 2022 the U.S. Food and Drug Administration (FDA) has warned that kratom carries a risk of dependency and abuse, stating that the drug affects the same opioid receptors in the brain as morphine. The agency has regularly monitored kratom manufacturers for violations and most recently, in 2021, the FDA seized over 207,000 units of dietary supplements containing kratom.
Nevertheless, kratom consumption is also becoming something of a fad. It’s sold in cocktails at “sober bars” and in a variety of stores, including convenience stores, CBD and other cannabis and cannabis paraphernalia purveyors, and its use has been portrayed in media outlets – including the New York Times – as an alcohol or drug alternative. Brands such as Mitra-9 and Kratomade have also introduced ready-to-drink and powdered kratom beverages for sale online.
Currently, the sale of kratom as a supplement is legal in most states but is banned in Alabama, Arkansas, Indiana, Rhode Island, Vermont and Wisconsin. New Hampshire and Illinois have an 18+ age restriction for kratom and Tennessee and Oregon are 21+. Local ordinances in Denver; San Diego; Sarasota County, Florida and Jerseyville, Illinois have also forbidden it. However, Arizona, Georgia, Nevada and Utah have all passed bills protecting the legal sale of kratom. The Department of Defense added kratom to its list of banned substances for active military service members last year.
Feel Free is available online direct-to-consumer and its website lists a nationwide retail footprint of over 10,000 doors, including California 7-Eleven stores and various independent, gas, convenience and smoke shop accounts. The brand has also signed sponsorship agreements with several university sports teams to serve as the Official Tonic sponsor of the University of Texas, Florida State University and the University of Southern California athletics departments.
On its website, Botanic Tonics does warn consumers of at least some addictive potential for Feel Free, via a disclaimer stating that “Anything that makes you feel good can become habit-forming including alcohol, caffeine, sugar, and Feel Free. Only use Feel Free in the recommended quantity and dosage. If consumed responsibly, Feel Free has not been shown to cause any serious physical or social harm.”
The company also cautioned that Feel Free is “not for use by or for sale to persons under the age of 18” and advised consumers not to drink more than half a bottle at a time and no more than one bottle per day.
But Label said he didn’t believe the disclaimer was sufficient to absolve the company of responsibility for the level of alleged health risk from Feel Free.
“Somebody who’s buying the product in retail in the store is never going to see that disclaimer,” Label said. “And that disclaimer, even still, is insufficient and inadequate and misleading and qualifies, I think, as false advertising.”