Virginia Judge Clears Fraud Claims Over Kratom Safety Marketing
A Virginia judge ruled fraud claims can proceed against kratom sellers for deceptive safety marketing.
Why it matters: Litigation over kratom’s marketing exposes distributors and their legal counsel to intensified compliance and consumer protection risks. Counsel advising on product safety claims and labeling must stay alert to evolving legal challenges.
- June 18, 2026: A Virginia judge allowed fraud claims against kratom distributors to proceed in court.
- April 2025: Botanic Tonics settled a $8.75 million class action for failing to warn about kratom addiction risks.
- April 2026: Ashlynn Marketing Group was sanctioned by a California judge for deleting posts on kratom’s dangers during litigation.
- Virginia law effective July 2023 prohibits kratom sales to under-21s and mandates warning labels, backed by civil penalties.
Kratom is a botanical supplement derived from the leaves of Mitragyna speciosa, often marketed for pain relief and mitigating opioid withdrawal symptoms. However, safety concerns have drawn regulatory and legal attention.
On June 18, 2026, a Richmond-based Virginia judge ruled that plaintiffs’ fraud claims against leading kratom distributors can move forward. These claims center on allegations that distributors made deceptive safety and addiction-related marketing statements per court filings.
Earlier, Botanic Tonics settled a class action lawsuit in April 2025 for $8.75 million after plaintiffs alleged the company failed to warn consumers about kratom’s potential for addiction according to case reports. Meanwhile, Ashlynn Marketing Group faced sanctions in April 2026 from a California federal judge for deleting blog posts that discussed kratom’s risks amid ongoing litigation per court documentation.
The U.S. Food and Drug Administration (FDA) has also warned kratom manufacturers since 2018 about unapproved medical claims and the product’s opioid-like effects, highlighting the risk of misuse and addiction per Medscape. FDA Commissioner Scott Gottlieb stated: "Despite our warnings that no kratom product is safe, we continue to find companies selling kratom and making deceptive medical claims without reliable scientific proof."
At the state level, Virginia’s law effective July 2023 prohibits kratom sales to individuals under 21 and requires specific warning labels on products. This law includes civil penalties for noncompliance according to LegalClarity.
For legal counsel advising kratom distributors and product manufacturers, these developments highlight rising risks of litigation exposure and regulatory enforcement. Ensuring truthful marketing and compliance with labeling laws is critical to managing liability and consumer protection obligations.
By the numbers:
- $8.75 million — settlement amount in 2025 Botanic Tonics class action
- July 2023 — effective date of Virginia’s kratom sales and labeling law
- June 18, 2026 — date of Virginia judge’s ruling allowing fraud claims
Yes, but: While the court permitted fraud claims to proceed, no final judgment has been made on distributor liability or the factual merits of alleged deceptive practices.
What's next: Expect further litigation and potential regulatory updates around kratom marketing claims, especially as more states consider similar restrictions and as federal scrutiny continues.