Nova Kratom Lawsuit Alleges Addictive Products Caused Cardiac Injury and Dependence

Lawsuit alleges kratom was marketed as a harmless herbal supplement despite being highly addictive and having opioid-like properties that pose serious risks.

A Nevada man has filed a lawsuit alleging he developed a severe addiction to Nova Kratom products, resulting in cardiac injuries, withdrawal symptoms and other health problems.

The complaint (PDF) was brought by Alejandro Mendoza in Nevada District Court on July 20, naming MIB Inc., doing business as Nova Kratom, as the defendant. The case was removed to the U.S. District Court for the District of Nevada on August 6.

Mendoza claims MIB failed to warn consumers about the numerous health risks and side effects of kratom, alleging the company marketed its products as harmless herbal supplements despite their highly addictive and opioid-like properties.

Kratom Supplement Risks

Kratom is a psychoactive substance derived from the leaves of the Mitragyna tree, which is native to Southeast Asia. It is often sold as a dietary supplement at gas stations, smoke shops, convenience stores, wellness stores and online throughout the United States. However, the substance is known to interact with some of the same receptors in the brain targeted by opioids such as morphine and heroin.

Despite being available in many forms, including powders, capsules, tablets, extracts, concentrated shots, gummies and beverages, the U.S. Food and Drug Administration (FDA) has never approved kratom for any use.

A report published by the U.S. Centers for Disease Control and Prevention (CDC) indicates kratom poisoning cases have increased by more than 1,200% since 2015. The increase comes amid concerns about increasingly potent kratom products being sold without FDA approval or oversight.

In light of these concerns, a number of kratom lawsuits have been filed in federal courts alleging products made from the substance are highly addictive and pose significant dangers to users.

Kratom Addiction Allegations

According to this recently filed complaint, Mendoza purchased Nova Kratom since it was marketed as an “all natural” herbal supplement. He claims continued use caused him to develop an addiction, resulting in cardiac injuries, physical withdrawal and emotional distress.

MIB, formerly known as Sunshine Trading Company, allegedly marketed its kratom products as safe and natural without adequately testing them or warning consumers about addiction, withdrawal and other health risks. Mendoza maintains he would not have used the products if adequate warnings had been provided.

The lawsuit points to research linking kratom use to addiction and opioid-like withdrawal symptoms, including agitation, irritability, insomnia, anxiety, tremors, body aches, nausea and vomiting. The filing also identifies potentially serious health risks, including seizures, organ damage, cardiac problems, respiratory depression, coma and death.

Mendoza further alleges kratom is marketed toward young and vulnerable consumers, including individuals struggling with or recovering from addiction, as a way to boost energy, improve mood, relieve pain and ease opioid withdrawal. He claims companies such as MIB exploit those consumers’ vulnerability to an addictive, opioid-like substance to develop repeat customers through dependence.

“Defendants’ kratom products were defective and unreasonably dangerous because Defendants failed to provide any adequate warning of the products’ addictive, opioid-like properties, the symptoms of withdrawal from their use, and the serious and potentially fatal health consequences of their use—dangers of which Defendants knew or, in the exercise of reasonable care, should have known.”

— Alejandro Mendoza v. MIB Inc.

The lawsuit raises allegations of strict products liability—design defect/unreasonably dangerous product, failure to warn, negligence, breach of implied warranties of merchantability and fitness for a particular purpose, and breach of express warranty deceptive trade practices/consumer fraud. It seeks compensation and other damages for past and future medical expenses, pain and suffering, mental anguish, loss of enjoyment of life, diminished earning capacity and lost wages.

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