Kratom beverage maker Mitra-9 Brands is facing a proposed class action lawsuit over allegations that its products are addictive, leading to habitual use and withdrawal symptoms.
The complaint, filed in a Washington federal court by Springdale, Wash. resident Shelah Palmer, alleges that Mitra-9 knew its products were addictive in a way similar to opioids but failed to warn consumers, relying on “innocuous packaging and the public’s limited knowledge about kratom and its pharmacology to get users addicted, while reaping profits along the way.”
Palmer first purchased Mitra-9’s beverages in 2019 and became a regular consumer, but when he tried to cut back on his use he experienced withdrawal symptoms including “cold sweats, extreme irritability, restless leg syndrome, and insomnia,” the complaint claims.
Based in Florida, Mitra-9 makes a line of canned RTD and powdered kratom beverages marketed as non-alcoholic seltzers with the tagline “Feel the Good Vibes.” The core seltzer line features 64 mg of kratom leaf extract per 12 oz. can. The business also sells kava drinks and 2 oz. kratom and kava shots.
Both kratom and kava have emerged as rising functional beverage formats amid higher demand for non-alcoholic relaxation drinks, with other brands in the space like Botanic Tonics’ Feel Free reporting rapid triple-digit sales growth.
In 2023, Mitra-9 announced it had expanded into national retail chains with its “signature kava drink” line, including Kroger, Sprouts, CVS and Rite Aid. The brand also raised $2 million from seed investors that year, including firm ROC Venture Group.
According to the BCPR Group, Mitra9 was in roughly 5,000 points of distribution in Q1 2025 and sold over 2.4 million cans in the first half of 2024, up from 1.16 million in the first half of 2023.
The complaint argues that although consumer awareness of kratom is low, the addictiveness of it is “not up for debate,” noting that “Western civilization has known for decades that kratom is highly addictive and has the potential to cause physical and psychological dependence in regular users.”
As well, the complaint notes comments about kratom addiction made on the r/QuittingKratom subreddit, an online forum with over 51,000 members dedicated to helping users quit kratom where users have described symptoms including hair loss and depression from their kratom dependency.
Native to Southeast Asia, kratom interacts with the body’s opioid receptors, leading to a form of euphoria, with active compounds mitragynine and 7-hydroxymitragynine (7-OH). The drug can act as a stimulant in small doses with effects including increased alertness and physical energy, but also acts as a sedative in higher doses with addicted users reporting “hallucinations, delusions and confusion,” according to the DEA.
Kratom is not approved by the Food and Drug Administration (FDA) for use as a drug, dietary supplement or food additive and has in recent years enforced this policy through product seizures, including one executed against Botanic Tonics in 2023.
Earlier this week, the FDA announced it had sent warning letters to several companies for illegally selling products made with 7-OH.
“This action reflects the Agency’s growing concern around novel potent opioid products being marketed to U.S. consumers and sold online and in smoke shops, gas stations, and corner stores,” the agency stated.
This isn’t the first time a kratom beverage maker has faced a potential class action lawsuit over the alleged addictive nature of its products.
In 2023, Botanic Tonics was sued in a class action making similar allegations of addiction over its flagship Feel Free shots, claiming the products led a California man to be hospitalized after forming a $3,000 per month habit.
Later that year, Botanic Tonics introduced a new version of Feel Free containing only kava with the addition of adaptogenic mushrooms, rebranding its original kava and kratom formulation as its “Classic Tonic.”
Mitra-9 did not respond to a request for comment.