Arizona accuses kratom, kava company of hiding addiction risks

Arizona sued Botanic Tonics, maker of the ‘feel free’ drink, alleging the company hid the addiction risks of kratom, an opioid-like substance, behind marketing that describes the two-ounce drink as a natural kava-based energy tonic. The state says the drink is sold widely in gas stations and convenience stores and cites 146 documented kratom deaths in Arizona between 2020 and 2023.

The complaint alleges consumers reported drinking up to seven bottles a day and suffering withdrawal, while founder Jerry Ross allegedly knew of the addictive effects from his own use and customer feedback before and after launch. The FDA has separately warned against using both kratom and kava recreationally, and the DEA banned three kratom derivatives in August, though not the one in this product.

Arizona accuses the company of packaging the drink to resemble energy shots and marketing it to young adults and the ‘sober curious’ through influencers, without disclosing risks including depression, hallucinations and substance use disorder. The state is seeking a court finding of consumer fraud and a ban on the misleading marketing.

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