Lawsuit names Feel Free beverage maker Botanic Tonics over kratom content

A recovering alcoholic has sued the maker of a 'wellness tonic' alleging that the beverage left him addicted due to its high concentration of the controversial supplement kratom.

Romulo Torres filed the federal class-action lawsuit against Botanic Tonics in California, saying he became hooked on the company's Feel Free kava drinks, drinking up to 10 per day.

The suit alleges Torres was hospitalized twice last year, once with symptoms of alcohol poisoning, despite a blood-alcohol level of zero, and later with 'psychosis and delirium,' after consuming the Feel Free tonics.

In a statement to DailyMail.com on Friday, Botanic Tonics spokeswoman Ashlie Keener Kuehn said: 'We believe the suit is without merit and we will vigorously defend our product in court.'

Extracted from the leaves of a tropical tree native to Southeast Asia, kratom is used to make capsules, powders and liquids and is marketed as an aid for pain, anxiety and drug dependence. It is legal and unregulated in many states. 

But the FDA has previously warned that 'kratom, which affects the same opioid brain receptors as morphine, appears to have properties that expose users to the risks of addiction, abuse, and dependence.' 

A lawsuit alleges Botanic Tonics' Feel Free tonics contain addictive levels of kratom. Botanic Tonics founder Jerry Ross is seen above

Marketing materials for Feel Free describe it as 'a feel good wellness tonic'

Botanic Tonics is based in Santa Monica, and was incorporated in March 2020 by founder Jerry Ross, according to corporate filings. 

'Botanic Tonics is dedicated to offering a feel-good wellness tonic that provides a synthetic-free boost of energy, focus, and mood,' said Kuehn. 'Our product features ancient plants from the South Pacific and Southeast Asia that have been used socially and in wellness for centuries.'

Marketing materials for Feel Free describe it as 'a feel good wellness tonic, a healthy productivity enhancer and alcohol alternative featuring kava and other ancient plants from the South Pacific and Southeast Asia.'

Kava is derived from a Pacific Island plant and is traditionally consumed in teas and tinctures for relaxation. 

Feel Free's product label says it contains 2600mg of a 'proprietary blend' of kava root extract and kratom leaf, but does not disclose the exact proportions or amounts of each substance.

In the suit, Torres alleges that kratom is actually the primary ingredient in the drink, but does not offer further details. 

'Our client was driven to take action because of the physiological addiction and side effects so severe they sent him to the hospital,' Torres' attorney, Shounak Dharap, told DailyMail.com. 

'Had he been warned in Botanic Tonic’s advertising that he could suffer these effects, he would never had purchased the product,' he added. 

The suit alleges that Botanic Tonic insidiously markets the kratom-filled drink to recovering alcoholics as a 'a safe, sober, and healthy alternative to alcohol' without revealing the drink's risks. 

Dharap said Torres had filed the suit as a class action 'because he believes that hundreds of people have had similar experiences of purchasing this product under false pretenses, only to suffer from the very addiction they sought to avoid.'

Indeed, a Reddit forum named r/Quittingfeelfree has 185 members, who share stories about their struggles to stop drinking the Feel Free tonic and encourage each other to stop using it. 

'I managed to get a few hours of sleep last night,' one person posted on Friday, celebrating seven days free of the beverage. 'Insomnia is still pretty rough. My emotional state seems to go up and down throughout the day.'

'Botanic Tonics is dedicated to offering a feel-good wellness tonic that provides a synthetic-free boost of energy, focus, and mood,' said a spokeswoman

Feel Free's product label says it contains 2600mg of a 'proprietary blend' of kava root extract and kratom leaf, but does not disclose the exact proportions

Company spokeswoman Kuehn told DailyMail.com: 'Botanic Tonics products are safe and manufactured, marketed, and distributed to the highest industry standards including product safety testing from certified third-party laboratories and adherence to the FDA’s good manufacturing requirements.' 

In his suit, Torres says that he struggled with alcoholism for several years before getting sober in 2014. 

The complaint says that he first saw ads on social media for Feel Free in 2020, and purchased the drink for the first time in December 2021 at a 7-Eleven convenience store.

7-Eleven is also named as a defendant in the suit, and did not immediately respond to a request for comment on Friday afternoon. 

It is not the first lawsuit to raise disturbing allegations about the addictive and harmful qualities of kratom.

In October, Georgia parents Dana and John Pope filed a wrongful death lawsuit after their their 23-year-old son, Ethan, was found dead on the kitchen floor in his apartment.

A Georgia Bureau of Investigation autopsy found that Ethan Pope died from mitragynine intoxication and had no alcohol or illegal drugs in his system. 

The Pope lawsuit named about a dozen people, companies and organizations connected to the manufacturing, marketing and sale of kratom. 

Dana and John Pope pose with a photo of their son Ethan, following a news conference announcing their wrongful death suit in October

Peter McPherson, a security guard and father who died after mixing the supplement Kratom with orange juice, is pictured

In December 2022, another lawsuit in Georgia implicated kratom in the death of 43-year-old father Peter McPherson.

McPherson, a security guard, sat down to drink his orange juice with the supplements shortly before he began shaking and collapsed in front of his family members.

His wife and son preformed CPT until emergency services arrived, who took him to a hospital in Chatsworth, where he was pronounced dead.

The Gordon County Medical Examiner said McPherson died from 'acute mitragynine (kratom) toxicity,' according to the wrongful death lawsuit the family filed.

In 2021, kratom was made illegal in six states -  Alabama, Arkansas, Indiana, Rhode Island, Vermont and Wisconsin.

In some states - California, Colorado, Florida and Mississippi - kratom is legal but banned or controlled in some individual cities, towns and counties.

Kratom legislation is still pending in various states.

What is Kratom?  

Kratom, also known as mitragyna speciosa, is a tree in the coffee family. It is found in Southeast Asia and Africa. 

The supplement is touted as a 'safer, natural alternative to other drugs.' But, experts say don't be fooled, there's a dark side to kratom-derived pills, powders and teas. 

Kratom can  be found in capsules, powders or even drinks. It can also be found in resins, extracts and tinctures. It is traditionally used in tea while some chew on the leaves. 

People use kratom for a number of reasons that range from fighting fatigue and improving productivity, to relieving pain. It has also been used for overcoming opioid addiction. 

The supplement interacts with the brain's opioid receptors, and some people turn to kratom which has similar pain-relieving effects as opioids.

The danger, experts say, is that people tend to think kratom is safe because it's 'natural,' and legal and easily obtainable in many states — without the stigma attached to narcotics. 

The image is a close-up of the Kratom leaf, also known as mitragyna speciosa. The tree that is in the coffee family is indigenous to Southeast Asia and Africa.

The US Food and Drug and Administration has warned consumers about the dangers of using kratom. 

Experts warn it should not be taken in any form.

In 2021, the supplement was made illegal in six states -  Alabama, Arkansas, Indiana, Rhode Island, Vermont and Wisconsin.

In some states - California, Colorado, Florida and Mississippi - kratom is legal but banned or controlled in some individual cities, towns and counties.

Kratom legislation is still pending, in various states.

 For those  experiencing pain or want to overcome opioid addiction, experts recommend speaking to your doctor.  

(Source: Cleveland Clinic) 

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