As more people turn to alternative treatments for pain, anxiety, depression, and even opioid withdrawal, the U.S. Food and Drug Administration (FDA) is cautioning against using kratom, a plant-based product linked to serious health risks and fatalities.
In 2021, nearly 1.7 million Americans reported using kratom to self-treat various conditions, including pain, depression, and opioid dependence. However, the Substance Abuse and Mental Health Services Administration revealed that even children as young as 12 have consumed kratom, which is available in forms like teas, capsules, and gummies. Originally native to Southeast Asia, kratom’s psychoactive effects come from compounds that can act similarly to opioids, especially at higher doses.
FDA’s Warning on OPMS Black Liquid Kratom
In July, the FDA issued a specific warning against OPMS Black Liquid Kratom due to its connection to severe health complications and fatalities. This product, widely available in retail stores, smoke shops, and online, lists psychoactive compounds like 7-hydroxymitragynine and mitragynine on its label. While these ingredients have historically been used for pain relief and energy, they can also lead to addiction, digestive issues, withdrawal symptoms, hallucinations, and other harmful effects.
Kratom use can start with stimulant-like effects at low doses, but higher doses may cause sedation and even psychosis. In response, the Drug Enforcement Administration (DEA) lists kratom as a “drug of concern,” indicating its potential for abuse and dependence.
Kratom Regulatory Concerns and Contaminants
Despite its rising popularity, kratom remains unregulated by the FDA, meaning it hasn’t undergone the agency’s rigorous testing for safety and efficacy. FDA testing has revealed that kratom products sometimes contain harmful contaminants like salmonella and heavy metals, which can worsen the health risks. Furthermore, some products may contain higher levels of kratom than indicated, posing additional dangers for consumers.
While kratom remains accessible in many states, some, like Alabama and Arkansas, have banned its sale outright. In Louisiana, certain parishes, including Rapides and Ascension, have prohibited kratom sales. State Senator Patrick McMath has advocated for similar bans across other Louisiana parishes, citing the risks associated with its unregulated use. He believes that enacting a ban on kratom at the parish level will be easier than getting the Legislature to enact a statewide Louisiana ban.
Kratom Legal Options
If you or a loved one has suffered harm or loss due to kratom, there are legal avenues to consider. An all-natural product should not lead to injury or death, and those affected by kratom-related incidents may be eligible for compensation for medical expenses, lost income, pain and suffering, and emotional distress through a kratom lawsuit.
Herman, Katz, Gisleson & Cain was among the first Louisiana law firms to file a kratom wrongful death lawsuit, seeking justice for a family who lost their son to OPMS kratom. Product liability and wrongful death claims are ongoing against kratom manufacturers and vendors for failing to inform consumers of the potential dangers.
If you are dealing with the aftermath of a kratom-related injury or loss, call Herman, Katz, Gisleson & Cain at 844-943-7626 or contact us online for a free consultation. Taking action can hold manufacturers accountable and raise awareness of the severe health risks associated with unregulated products like kratom.
Jed Cain is a partner with Herman, Herman & Katz, LLC. He has dedicated his career to representing injured folks and their families.
