- A class action lawsuit filed earlier this year against Mitra-9 Brands, LLC, alleged that the company’s Kratom-containing seltzers, powders, and shots were falsely and misleadingly advertised, primarily because they failed to disclose the allegedly addictive properties of Kratom. Plaintiff alleges that Kratom has addictive properties similar to opioids and that he suffered from withdrawal symptoms after discontinuing use of Defendant’s products.
- Defendant argues in a motion to dismiss (Laws360 subscription required) filed this week that no express representation relating to addiction was made, that Plaintiff has failed to allege that the product as formulated is addictive, and that Plaintiff had not alleged anything suggesting that Defendant had a duty to disclose Kratom’s addictive properties.
- We note that FDA takes the position that conventional foods and dietary supplements containing kratom are adulterated and has initiated enforcement actions against Kratom-containing products.