Texas AG Sues Kratom Retailers for Deceptive Marketing

Texas Attorney General Ken Paxton filed a lawsuit against two California-based online kratom retailers for deceptively marketing and selling synthetic kratom products and adulterated products that are up to 96% 7-hydroxymitragynine (“7-OH”).

According to the lawsuit, that is nearly fifty times the legal limit allowed under Texas law.

The lawsuit is a part of an initiative by Attorney General Paxton to limit unlawful distribution of adulterated and contaminated kratom products across Texas.

To protect consumers from the dangers of synthetic alkaloids and adulterated kratom products containing dangerous levels of 7-OH, the Texas Legislature enacted the Texas Kratom Consumer Health and Safety Protection Act in 2023. This established strict potency limits and prohibited synthetic additives.

Paxton’s investigation revealed that the defendants—Pure Leaf Kratom, LLC and Outcast Distribution, LLC—sold and shipped kratom products to Texans that contained illegally high concentrations of 7-OH.

7-OH is a potent alkaloid more than twenty times stronger than morphine. The two companies also shipped products containing synthetic alkaloids that are expressly prohibited under Texas law.

Although the Defendants’ website claims they do not ship synthetic kratom products or products containing more than 2% 7-OH to Texas, the investigation determined those representations are false. Laboratory testing confirmed that multiple products sold and shipped into Texas contained 7-OH levels ranging from 86% to 96% of total alkaloid content, far exceeding the 2% maximum allowed by the Texas Kratom Consumer Health and Safety Protection Act.

Verisk last year identified kratum as an emerging issue for the insurance industry. Verisk noted that litigation can “potentially grow into a liability catastrophe” in instances where market demand for substances such as kratom outpace regulation and oversight.

Topics
Lawsuits
Texas