The U.S. Food and Drug Administration (FDA) has issued a warning about a popular kratom brand, cautioning consumers that the product has been linked to one death and several other adverse health symptoms. Optimized Plant Mediated Solutions (OPMS) Black Liquid Kratom is available online and via physical retailers, and the product is often marketed as all-natural and effective. While kratom manufacturers tout the purported health benefits of the substance, research has shown that kratom carries significant health risks. The FDA warning, issued on July 26, urges consumers to avoid using OPMS Black Liquid Kratom — but the product is still legal.

What Is Kratom?

Kratom is a tropical tree native to Southeast Asia. Farmers have consumed it for centuries, and the leaves can be chewed for an energy boost. In recent years, it’s exploded in popularity in the U.S., and the national kratom market is worth an estimated $1.5 billion. According to one FDA estimate, about 1.7 million people in the U.S. 12 and older used kratom in 2021; research has found that kratom use is on the rise among teenagers. It’s most frequently sold in tablet and capsule form. Kratom is often promoted as a natural alternative for people with opioid use disorder or alcoholism because the effects are purportedly similar to opioids. Kratom users frequently report feeling an increase in alertness and mood after consuming the substance. 

FDA Kratom Warning

According to the FDA press release, the agency recently received notice of someone dying after taking OPMS Black Liquid Kratom. Additionally, the product has been linked to a range of adverse health effects, including “withdrawal symptoms, addiction, digestive issues, restless leg syndrome, skin problems, aggressive behavior, increased anxiety, lack of energy, and inability to focus.” While kratom is legal in many states, the FDA advises consumers to stay away from it due to the potential for seizures, liver toxicity, and substance use disorder. The FDA has also banned kratom from being marketed as a dietary supplement, which means it cannot be added to food. The warning isn’t the first time the FDA has expressed concern about the compound. Last July, the FDA issued an import alert for kratom, which allows the agency to seize imported kratom products. The FDA has also warned against treating medical conditions with kratom, even though kratom is often marketed as a treatment for depression, anxiety, and other disorders.

Is Kratom Safe?

For consumers, the FDA warning may come as a surprise, given that kratom is often marketed as a safe alternative to opioids and alcohol. What the general public may not realize is that kratom isn’t subject to much regulatory oversight. In 2016, the U.S. Drug Enforcement Administration (DEA) announced plans to criminalize kratom possession and treat the substance as a Schedule I drug, similar to heroin, cannabis, and ecstasy. However, elected officials and advocacy groups protested the move, and the DEA decided against criminalizing kratom. Instead, the agency has listed kratom as a “Drug and Chemical of Concern.”

Because kratom isn’t an FDA-approved substance, the products aren’t monitored the way a dietary supplement would be handled — which means there’s no guarantee that kratom is unadulterated or contains the amount of the compound that the label says it does. For this reason, many states and municipalities have added age restrictions to kratom purchases or banned the substance outright. But in most places in the U.S., anyone can buy kratom at a convenience store, smoke shop, or online retailer without any question. 

One investigation from the Tampa Bay Times found that hundreds of people in Florida have died from kratom usage. The newspaper found that many kratom products are sold without dosing instructions, so consumers decide how much of the substance they should consume, increasing the risk of overdose. Additionally, the overwhelming majority of people who died had other substances in their bloodstream that could be dangerous combined with kratom. However, kratom companies aren’t required to disclose potential hazardous drug interactions when marketing their products. The average consumer has no way of knowing that they could have an increased risk of overdose by using kratom with other medications. Because of the lack of oversight, it’s unfortunately likely that overdose deaths will continue to happen.

Kratom Lawsuits

People who have experienced adverse side effects from kratom and those who have lost loved ones have started to file Kratom lawsuits against manufacturers, alleging that the companies failed to warn consumers about the dangers of kratom products. Manufacturers have a responsibility to tell the public about potential risks associated with a product; instead, many kratom companies advertise the products as safe without any mention of the possible adverse effects. Kratom lawsuits have already resulted in millions of dollars for plaintiffs, and that number is expected to climb as more consumers come forward with lawsuits.

If you have experienced adverse effects after using OPMS Black Liquid Kratom or have lost a loved one to the substance or another kratom product, you may have legal options available to you. You should consult with an attorney who specializes in kratom cases to determine the most suitable path forward. If you file a lawsuit, you could be eligible for damages to cover medical bills, lost wages, and pain and suffering. If you’ve lost a loved one to kratom, you can file a wrongful death lawsuit to recoup costs and compensate you for your loss. Last year, a judge awarded $11 million to the family of a woman who died from kratom. Contact a lawyer today to discuss your best course of action. 





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