Arizona AG: Files Botanic Tonics Kratom Lawsuit Over Deceptive Marketing

• Arizona has filed a lawsuit against Botanic Tonics, alleging deceptive marketing of its "feel free" drink, which contains kratom and kava.
• The state claims the company concealed addiction risks and promoted the product as a wellness tonic while failing to explicitly name kratom as a key ingredient.
• Kratom, a psychoactive substance, has been linked to 146 deaths in Arizona between 2020 and 2023, and the FDA warns against its use due to health risks.
• Consumers have reported developing dependencies on "feel free," consuming multiple bottles daily and experiencing withdrawal symptoms.
• The lawsuit asserts that Botanic Tonics transformed kratom into a mass-marketed product without disclosing its significant health and addiction risks.

Arizonans should be aware that behind 'feel free's' appealing marketing, there is real danger of addiction and other mental and physical harm.

The state of Arizona has initiated legal proceedings against Botanic Tonics, the manufacturer of the psychoactive beverage known as "feel free." Filed in the Superior Court of Arizona, the lawsuit alleges that the company engaged in deceptive marketing practices by promoting its kava and kratom-containing drink as a natural wellness tonic while deliberately obscuring its potential health hazards, including addiction. Attorney General Kristin Mayes emphasized the inherent dangers behind the product's appealing marketing, citing risks of addiction and other mental and physical harm.

Botanic Tonics markets the two-ounce drink as an energy booster and an alternative to alcohol, making it widely available in gas stations, convenience stores, and various other retail outlets across Arizona. The core of the Arizona AG Botanic Tonics kratom lawsuit centers on the company's alleged failure to adequately disclose, or its minimization of, the significant risks associated with "feel free." Specifically, the state contends that the company promotes the product primarily as a kava drink, vaguely mentioning "other ancient plants" rather than explicitly identifying kratom as a key ingredient. This approach, the state argues, is akin to describing a gin and tonic simply as a tonic, thereby misleading consumers about the product's true composition and effects.

Kratom, derived from a Southeast Asian tree, possesses mild psychoactive properties similar to opioids when consumed. At lower doses, it functions as a stimulant, while higher doses elicit more pronounced opioid-like effects. The state's complaint highlights this dual nature, noting that initial small doses might feel like an energy drink, creating a false sense of safety before opioid-like effects become evident with increased consumption. This substance is sometimes colloquially referred to as "gas station heroin" due to its accessibility and addictive potential.

The Food and Drug Administration (FDA) has issued warnings against kratom use, citing concerns about liver toxicity, seizures, and the development of substance use disorder. Between 2020 and 2023, Arizona documented 146 deaths linked to kratom. While the Drug Enforcement Administration (DEA) banned three synthetic kratom derivatives in August 2026, the specific compound found in "feel free" was not among them. Kava, the other primary ingredient, is a central nervous system depressant originating from the Pacific Islands, traditionally used in ceremonial contexts. It offers sedative, muscle-relaxing, and euphoric properties, but the FDA has also advised against its use as a recreational or relaxation beverage.

The Arizona consumer protection kava and kratom lawsuit asserts that Botanic Tonics, along with its founder Jerry Ross, knowingly transformed kratom from a niche product, typically found in smoke shops and requiring preparation from powder or leaves, into a mass-marketed beverage without proper risk disclosure. The state claims that the traditional preparation methods for kratom, which resulted in a bitter drink, naturally deterred impulsive use. However, with the launch of "feel free" in 2020, Botanic Tonics allegedly removed these barriers, making the substance readily available and appealing to a broader consumer base.

Reports from consumers, including those in Arizona, describe developing a dependency on "feel free," with some individuals consuming up to seven bottles daily and experiencing severe withdrawal symptoms. The state further contends that Jerry Ross was well aware of the product's addictive qualities, both from his personal pre-launch experiences with heavy "feel free" use and from subsequent consumer feedback. Attorney General Kristin Mayes emphasized that companies selling such products without adequate safeguards to inform consumers of the kratom addiction risks litigation will not be tolerated, underscoring the state's commitment to consumer safety.

Compliance officers should immediately review marketing claims and risk disclosures for 'natural' or 'wellness' products, especially those containing psychoactive substances, to ensure full transparency and avoid consumer protection litigation. This case signals heightened regulatory scrutiny on products sold in accessible retail channels like gas stations, and could set a precedent for similar actions against companies failing to disclose significant health risks.

Source: Original reporting via Courthouse News Service