Arizona AG Kris Mayes sues company over kratom and kava tonic

Arizona Attorney General Kris Mayes filed a consumer protection lawsuit against Botanic Tonics over the company’s kratom and kava products.

The product in question, Feel Free, is a 2-ounce herbal tonic sold in blue bottles at gas stations, convenience stores and online. It is marketed as a natural, nonalcoholic euphoric to boost mood, focus and relaxation.

Mayes’ lawsuit alleges that Botanic Tonics unlawfully promotes the kratom product as an energy shot and fails to adequately disclose the risks of addiction and withdrawal from its use.

“We allege that Botanic Tonics has repeatedly and willfully violated the Arizona Consumer Fraud Act and endangered the health and safety of Arizonans, including minors, by improperly marketing its kratom-containing beverage,” Mayes said in a press release. “Arizonans should be aware that behind Feel Free’s appealing marketing, there is real danger of addiction and other mental and physical harm.”

What is kratom?

Kratom and kava are distinct plant-derived psychoactive substances that can produce relaxation and sedation. Kratom contains compounds that interact with opioid receptors in the brain and is colloquially known as “gas station heroin.” Kava contains compounds called kavalactones, which act as depressants by slowing brain activity and enhancing GABA signaling.

While kava is not considered physically addictive, kratom is highly addictive due to its similarities to opioids. It is often promoted as an alternative to alcohol, despite both substances presenting risks of dependence and withdrawal.

The Arizona Department of Health Services has identified 146 documented kratom deaths in Arizona between 2020 and 2023.

“It is clear that kratom products are addictive and can have lasting health consequences for children and adults. We will not tolerate companies that sell these products without adequate safeguards in place to ensure that consumers understand these risks,” Mayes said. “We are taking Botanic Tonics to court to stop these practices and hold Botanic Tonics fully accountable under Arizona law.”

The lawsuit further alleges that Botanic Tonics has knowingly marketed Feel Free as an innocuous product — including its youth-focused advertising campaign, which has included the use of colleges and college students — helping the company sell millions of kratom shots in Arizona since 2020.

The attorney general’s office is planning a forum in the future for consumers to share their experiences with Feel Free and other kratom products.

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