Is Kratom Legal? Importance of Skilled Representation

Understanding the Intricacies of Kratom: More than a ‘Green Tea’

Kratom, an herbal extract originating from Southeast Asia, is making headlines and drawing legal scrutiny in Pennsylvania and nationwide. Known for its stimulant effects and as a potential substitute for opioid painkillers, Kratom has been consumed as a tea or pill form by millions seeking its benefits. Yet it remains controversial due to concerns about safety, potential abuse, and a significant lack of regulation.

Kratom & FDA Approval: A Long Road Ahead

The Food and Drug Administration (FDA) has not approved Kratom for medical use. While some argue for its therapeutic benefits, the FDA cites concerns over toxicity and potential addiction. Kratom’s path to FDA approval appears challenging and likely far off.

The Philadelphia Case: The Question of ‘Failure to Warn’

Two cases have been filed in Pennsylvania alleging a wrongful death due to Kratom consumption.  The wrongful death case filed in Philadelphia, where The Sherr Law Group represented the retailer, was resolved favorably for the retailer.  More recently, a second case has been filed in Western Pennsylvania’s Mercer County has once again thrust Kratom under the spotlight. The claim alleges the vendor’s ‘failure to warn’ the deceased of the product’s potential dangers. This legal principle, fundamental to product liability law, posits that manufacturers, wholesalers, and retailers have a duty to warn consumers of any potential dangers their products might present.

In the cases, the deceased’s family argues that the vendor failed to adequately caution the user of potential hazards associated with Kratom use. The failure to provide these warnings, they allege, directly led to the wrongful death.

What Should Kratom Sellers Do When Facing Legal Action?

Kratom resellers need to be prepared for the possibility of lawsuits. If you face legal action, it’s essential to seek out an experienced attorney familiar with product liability law and the specifics of Kratom regulation. This is a unique area of focus for The Sherr Law Group. Your lawyer should be well-versed in defense strategies and be proactive in minimizing potential liabilities.

It’s crucial to maintain comprehensive, accessible records of your transactions and any customer interactions. Also, ensure your product labeling is accurate and that you provide clear warnings about potential risks associated with consumption.

Why Can’t Kratom Retailers and Wholesalers Get Insurance?

The unstable legal status of Kratom and the uncertainty surrounding its safety profile make it a high-risk commodity in the insurance market. Insurance companies are typically averse to such risks, especially when dealing with a product connected to numerous legal actions and potential harm to consumers. Consequently, many insurers opt not to cover Kratom retailers and wholesalers.

The Rising Tide of Kratom Legal Actions

These two cases are not isolated events. A growing number of legal actions are being brought against Kratom vendors nationally. These lawsuits typically focus on product liability, wrongful death, and negligence claims. The potential for large damage awards and reputational damage makes these cases a significant concern for those in the Kratom industry.

The Importance of Hiring Knowledgeable Attorneys

The landscape of Kratom litigation underscores the necessity of retaining knowledgeable attorneys who focus in this field. Sherr Law Group, with its strong focus on Kratom litigation, has represented numerous sellers and has the experience necessary to navigate these complex legal waters.

As the Kratom industry continues to evolve, so does the complexity and number of legal challenges. Ensuring you have the right legal expertise is not just a good idea – it’s a business imperative.


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