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Lawsuit Brought Against Kratom (Derivative) Products- FDA Suggests Relaxed Enforcement Against Kratom Products
Wednesday, January 28, 2026
  • A class-action lawsuit was filed against 7Tabz on January 23, 2026, for alleged false and deceptive marketing practices related to the sale of what Plaintiff describes as “kratom” products. Specifically, the complaint (Law360 Subscription required) alleges that the company conveys that “the Products are natural, safe, and suitable for ingestion” by “prominently displaying plant imagery and natural flavor descriptors,” when in fact there is a significant risk of addiction and toxic effects from consumption of the product.
  • The Plaintiffs characterize the main ingredient of the 7Tbaz products as “kratom,” but the product packages included in the complaint do not use the word “kratom.” Instead, they advertise the products as a source of 7-hydroxymitragynine (7-OH), which is an opioid-like chemical found in the kratom plant. However, online materials indicate that the 7Tabz products are kratom extracts (7-OH is also synthetically produced) and that they are also advertised as kratom products (e.g., “Experience fast-acting, ultra-potent kratom extract” and “great-tasting kratom experience”).
  • FDA has taken the position that Kratom products are adulterated when used in conventional food or dietary supplements (see e.g., FDA and Kratom | FDA). However, in July 2025, FDA commissioner Dr. Makary indicated that the focus on the agency is “not on Kratom” but “on 7-OH” (see also “We’re not targeting the Kratom leaf or ground-up kratom. We are targeting a concentrated synthetic product that is an opioid.”).
  • FDA also voluntarily dismissed a long-running seizure civil forfeiture action against a company selling kratom products earlier this month and its news release related to 7-OH similarly indicates that the agency intends to target products with concentrated 7-OH, but that it is “not focused on natural kratom leaf products.”
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