Case Overview: A class action lawsuit has been filed against Happy Hippo, alleging that the company misled consumers about the addictive properties of kratom.
Consumers Affected: Individuals who purchased and used Happy Hippo kratom products.
Court: U.S. District Court for the Central District of California
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 new lawsuit claims.
The lawsuit claims the company failed to warn consumers that kratom, a substance derived from the leaves of a tropical tree, acts on the brain’s opioid receptors, much like drugs such as morphine or heroin.
According to the lawsuit, Happy Hippo’s marketing of kratom as a natural remedy hides its risks, leading to widespread addiction and withdrawal symptoms among unsuspecting users.
Kratom comes from the Mitragyna speciosa tree, native to Southeast Asia. Traditionally, it has been used in countries like Thailand and Malaysia for its stimulant and pain-relieving effects. Today, it’s sold in the U.S. in various forms, including powder, capsules, and liquid extracts, often marketed as a natural supplement.
However, despite its historical uses, kratom has faced bans in countries like Thailand and Malaysia due to concerns over its addictive potential.
In the U.S., kratom is available in gas stations, smoke shops, and online stores, commonly promoted as a way to manage pain, anxiety, and opioid withdrawal. But the lawsuit argues that kratom’s effects are far from harmless, with its chemical compounds—mitragynine and 7-hydroxymitragynine—acting on the brain’s mu-opioid receptors, the same receptors targeted by opioids like heroin.
While kratom is not controlled under the Controlled Substances Act; some states have regulations over its use. The FDA has not approved Kratom for any medical use and the DEA has listed kratom as a Drug and Chemical of Concern.
The active compounds in kratom, mitragynine and 7-hydroxymitragynine, produce a range of effects depending on the dosage. Low doses are often described as energizing, while higher doses can lead to feelings of sedation, pain relief, and even euphoria. These effects have led some users to compare kratom to opioids, as both substances can cause dependency and addiction.
Addiction occurs when users develop a tolerance to the substance and need increasing amounts to achieve the same effects. With regular kratom use, users can become dependent, leading to withdrawal symptoms similar to those caused by opioid addiction.
Common symptoms include irritability, muscle aches, restless legs, anxiety, and severe fatigue. Many users turn to kratom thinking it’s a safer alternative to prescription painkillers, only to later realize they’ve become addicted.
The proposed class action lawsuit was filed by L.S., a resident of Stockton, California, who claims he became addicted to kratom after purchasing it from a smoke shop to help with chronic pain. L.S. says he was never warned about the potential for addiction or withdrawal when he first began using kratom. As his usage increased, he spent nearly $90 a month on the product, eventually finding himself dependent on it.
L.S. tried to stop using kratom, only to experience severe withdrawal symptoms, including headaches, muscle pain, and insomnia. He claims that if he had known about kratom’s addictive properties, he would never have purchased it in the first place. He is now seeking damages for the physical and psychological harm caused by his dependency.
L.S.’s experience is not unique. In recent years, kratom use has surged in the U.S., with the American Kratom Association estimating that up to 15 million Americans use the product annually. Many users initially turn to kratom as a natural way to manage pain or anxiety, believing it to be a safer alternative to prescription medications.
However, reports of addiction and debilitating withdrawal symptoms have left many users shocked and disillusioned. Online forums like Reddit’s “Quitting Kratom” group have become a space for people to share their stories of struggling with addiction to the substance. Many describe how they were unaware of kratom’s opioid-like effects until it was too late.
This lawsuit is part of a growing wave of legal challenges against kratom manufacturers. Several wrongful death lawsuits have been filed across the U.S., alleging that kratom led to fatal overdoses. In one case, the family of Krystal Talavera, a 39-year-old mother of four from Florida, was awarded $11 million after she died from acute mitragynine intoxication. Talavera collapsed in her kitchen while preparing breakfast, and an open bag of kratom labeled “Space Dust” was found nearby.
Another recent class action lawsuit accuses kratom company MIT45 Inc. of misleading consumers and failing to disclose the opioid-like risks of its products. The plaintiffs argue that the company’s deceptive marketing has led to widespread addiction, as unsuspecting customers were not made aware of kratom’s alleged highly addictive nature.
In the current class action lawsuit, L.S. wants to represent a nationwide class in claims of violations of California’s Unfair Competition Law, Business and Professions Code Section, False Advertising Law, Business and Professions Code Section, California’s Consumers Legal Remedies Act, and claims of breach of implied warranty, unjust enrichment, and fraud by omission. L.S. is seeking damages, restitution, disgorgement, injunctive relief, corrective advertising, costs, and fees.
Case Details
Plaintiffs' Attorneys
Have you used kratom products, including those from Happy Hippo? Share your experiences and thoughts in the comments below.
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