Kratom and kava beverages maker Mitra-9 Brands is seeking to toss a pair of proposed class action lawsuits against it, including one case in which the plaintiff claimed to have bought Mitra-9 products before the company existed.
Earlier this week, Mitra-9 filed separate motions to dismiss proposed class actions in Washington and New York, both of which take aim at the “addictive nature” of kratom.
On Monday, Mitra-9 asked a New York federal court to dismiss a lawsuit brought by resident Lyle Cheswick, claiming that the complaint is based on an “internally inconsistent” argument that Mitra-9 sought to hide information around the addictiveness of kratom but that kratom is also widely known to the public as an addictive drug.
“[P]laintiff cannot plausibly allege both a widespread clinical understanding of kratom’s addictive nature and the existence of a robust online community of addicted users, while simultaneously claiming that Mitra-9 exercised exclusive control over information concerning the addictive properties of its products,” the filing states.
In another motion filed Tuesday in the U.S. District Court Eastern District of Washington, Mitra-9 alleged that plaintiff Shelah Palmer claimed he began consuming Mitra-9 products in 2019 – but the company wasn’t founded until December 2020.
In a suit filed this summer, Palmer similarly claimed Mitra-9 failed to tell consumers that the key ingredient is addictive.
In the complaint, Palmer said he was a regular consumer of Mitra-9 beverages and later experienced withdrawal symptoms when trying to cut back on his usage, including “cold sweats, extreme irritability, restless leg syndrome, and insomnia”.
In this week’s motion, the company noted that it does not distribute in Washington, where Palmer lives, nor does it target the state “with advertising, social media, or other forms of marketing.”
However, they acknowledged that Mitra-9 does have “occasional direct-to-consumer sales” in the state but do not have any record of selling any product directly to Palmer.
Palmer also failed to clarify which specific Mitra-9 products he purchased, the motion noted.
“According to Plaintiff, he purchased the Products from ‘smoke shops and gas stations in Washington,’” it states. “After consuming the Products for ‘several months,’ Plaintiff claims he began experiencing withdrawal symptoms when he attempted to ‘consume less’ of the Products.”
Because Florida-based Mitra-9 does not have offices or employees in Washington, the company is also arguing the court has no jurisdiction in this case.
As well, Mitra-9 argued that Palmer’s complaint relies on “unsupported, undated online marketing materials” and said that Palmer “does not allege ever having viewed or relied upon the undated online marketing material.”
Further complicating Palmer’s allegations, if Palmer were to have purchased Mitra-9 in 2019 it would put his claims outside the statute of limitations for the Consumer Protection Act, although it’s unclear whether his claims could qualify for additional products purchased more recently.
The cases are among the latest in a series of legal and regulatory controversies for kratom beverage producers.
In 2023, Botanic Tonics – maker of Feel Free shots – was sued in a class action making similar allegations of addiction, alleging its products led a California man to be hospitalized after forming a $3,000 per month habit.
Kratom is not approved by the U.S. Food and Drug Administration (FDA) for use as a drug, dietary supplement or food additive. In recent years, the administration has stepped up enforcement of this policy through product seizures, including one executed against Botanic Tonics in 2023.
This summer, the FDA sent warning letters to several companies for illegally selling products made with 7-hydroxymitragynine (7-OH), an active ingredient in kratom.
Although a separate ingredient, kava – which is also included in many Mitra-9 products – has similarly drawn the ire of regulators in recent months. In August, a federal judge cleared the way for New York City to crack down on kava bars and restaurants, while Florida also moved ahead with its own ban.
At the time, Mitra-9 CEO Dallas Vasquez told BevNET that kratom products make up the majority of Mitra-9’s total business.
BevNET has reached out to Mitra-9 for comment.