Kratom Companies Faces Lawsuit Over Alleged Deceptive Marketing And Addiction Risks

Case Overview: A class action lawsuit claims OPMS kratom is misleadingly marketed as a natural supplement, hiding its addictive properties and potential health risks.

Consumers Affected: Consumers in New York who purchased OPMS kratom products.

Court: U.S. District Court for the Eastern District of New York

A network of companies behind the popular OPMS-brand kratom is facing a lawsuit alleging deceptive marketing and failure to disclose the product’s addictive properties, claiming the companies misled consumers by marketing kratom as a natural supplement while failing to warn that its active ingredients function similarly to opioids, carrying risks of addiction and withdrawal.

A Brooklyn, New York resident filed the proposed class action lawsuit alleging he became addicted to OPMS kratom after using it for pain relief, unaware of its dependency risks. The lawsuit accuses the defendants—including Martian Sales, Inc., Peyton Shea Palaio, and several shell companies—of engaging in misleading and negligent sales practices, violating New York consumer protection laws.

OPMS Kratom Companies Accused of Deceptive Marketing and Hiding Addiction Risks

According to the lawsuit, the OPMS Kratom Enterprise is a complex network of companies operating under different names to distribute and profit from kratom sales while avoiding legal accountability. Investigative reporting by the Tampa Bay Times and the plaintiff’s legal team suggests that key players, including Peyton Palaio and Mark Reilly, structured the business through shell companies to obscure their operations, the lawsuit alleges.

The lawsuit claims the defendants deliberately marketed OPMS kratom without adequate warnings, relying on the public’s limited understanding of the substance. Sold in gas stations, corner stores, and smoke shops, the products appear as harmless herbal supplements, but their effects resemble those of opioid-based painkillers, the lawsuit alleges.

Lawsuit Alleges Kratom's Effects Similar to Opioids, Leading to Addiction

Plaintiff J.P., who wishes to remain anonymous for the lawsuit, first learned about kratom in 2017 through a Brooklyn corner store owner who assured him it was a non-addictive natural remedy. Recovering from surgeries and sports injuries, J.P. began using OPMS kratom regularly, unaware of the withdrawal symptoms he would later experience, the lawsuit explains.

By 2022, J.P. realized he had developed a dependency. Attempts to quit led to severe withdrawal symptoms, including flu-like effects, muscle aches, vomiting, and extreme discomfort—symptoms similar to opioid withdrawal. Despite wanting to stop, he found himself trapped in a cycle of addiction, spending $45 daily on OPMS kratom.

What Is Kratom?

Kratom is derived from the Mitragyna speciosa plant, native to Southeast Asia, where it has been used in traditional medicine for centuries. It is sold in various forms, including powders, capsules, and liquid extracts.

While often marketed as an herbal remedy for pain relief, anxiety, and opioid withdrawal symptoms, kratom interacts with opioid receptors in the brain. Its active compounds, mitragynine and 7-hydroxymitragynine, produce stimulant effects at low doses and sedative, pain-relieving effects at higher doses.

The U.S. Food and Drug Administration has not approved kratom for any medical use and has warned consumers about its potential risks. Studies indicate that kratom can cause dependency and withdrawal symptoms similar to opioids. While some users report benefits, including pain relief and reduced opioid cravings, medical professionals caution that kratom carries risks of addiction, contamination, and dangerous drug interactions.

Although kratom-related deaths are rare, cases have been reported—often involving other substances. Research on kratom’s long-term health effects is still evolving, with some studies linking prolonged use to liver damage, cardiovascular issues, and psychiatric symptoms.

Other Kratom Companies Face Lawsuits Over Misleading Claims

The OPMS lawsuit is not the first legal battle over kratom. Other manufacturers and distributors have faced lawsuits over misleading marketing, health risks, and wrongful death claims. 

Happy Hippo, which sells kratom infused energy drink shots and other kratom products, misleads consumers about the addictive properties of the drug, which has been linked to a number of overdose deaths, a lawsuit claims. MIT45 Inc. is also facing a class action lawsuit with consumers accusing the company of violating state and federal consumer laws. 

In his lawsuit against Martian Sales, Inc., Peyton Shea Palaio, and others, J.P. wants to represent anyone in New York who purchased O.P.M.S. kratom products. He is suing for violations of the state’s business laws, unjust enrichment, fraud by omission, and negligent misrepresentation. He is seeking damages, injunctive relief, interest, costs, and fees.

Case Details

• Lawsuit: J.P. v. Martian Sales, Inc. (D/B/A Choice Organics), et al.
• Case Number: 1:25-cv-00741-RER-JAM 
• Court: U.S. District Court for the Eastern District of New York 

Plaintiffs' Attorneys

• Neal J. Deckant (Bursor & Fisher, P.A.) 

Have you used OPMS kratom products? Share your thoughts on this lawsuit in the comments below.