Arizona sues popular ‘feel free’ kratom drink maker, alleging it hid health risks

PHOENIX (AZFamily) — Arizona is suing Botanic Tonics, the maker of a popular kratom drink, claiming it unlawfully advertised its “feel free” 2-ounce shots as energy drinks and obscured its risks.

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“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,” Attorney General Kris Mayes said in a statement Wednesday, announcing the lawsuit.

“Arizonans should be aware that behind feel free’s appealing marketing, there is real danger of addiction and other mental and physical harm,” she added.

The drink “feel free” contains both kava and kratom, an addictive, legal substance that doctors have dubbed “gas station heroin” and that can be dangerous when consumed in concentrated amounts. The drink is readily available at convenience and vape stores throughout Arizona.

The lawsuit, filed in Maricopa County Superior Court, alleges that Botanic Tonics “concealed or minimized” the risks and adverse health effects in its marketing for the “free free” drink.

“Defendants failed to adequately warn Arizona consumers about the risks associated with consuming feel free even as they became aware that consumers were reporting addiction, withdrawal, and other serious adverse effects,” the lawsuit says.

The drink, which comes in a little blue bottle, claims to provide a “clean energy boost” and “a mood lift.” It also states that the drink “has not been shown to cause any serious physical harm.”

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The lawsuit also accuses the company of marketing the drink as a “wellness and energy” product and an alternative to alcohol “without adequately disclosing that they were substituting one substance presenting risks of dependence, additiction, and withdrawal for another.”

“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.”

Arizona’s Family has reached out to Botanic Tonics for comment.

Last year, Botanic Tonics settled a class action lawsuit for $8.75 million, which resulted in the company having to include a warning that kratom “can be habit-forming and harmful if not consumed as directed” and not to use “if you have a history of substance abuse.”

The class action lawsuit claimed that the company failed to warn consumers about the drink’s highly addictive properties.

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