A class action lawsuit accuses Martian Sales, which makes kratom powder products, of misleading consumers into becoming addicted to a product that is similar to opioids, but is marketed as safe.
"Kratom is a dried leaf that is sold as a loose powder, packaged into gel caps, or made into an extract," according to the lawsuit filed in U.S. District Court for the Northern District of California. " However, what reasonable consumers do not know, and Defendant fails to disclose, is that the 'active ingredients' in kratom are similar to opioids. That is, kratom works on the exact same opioid receptors in the human brain as morphine and its analogs, has similar effects as such, and critically, has the same risk of physical addiction and dependency, with similar withdrawal symptoms."
The company relies on "innocuous packaging and the public’s limited knowledge about kratom and its pharmacology" to get customers addicted to the product, "while reaping profits along the way," the lawsuit states.
Martian's chief officers, Peyton Palaio and Mark Reilly, have a history of putting profits over public health, the lawsuit alleges.
"They are no strangers to the civil and criminal legal systems," the lawsuit says. "The products sold by their current and previous enterprises have killed multiple people, resulting in wrongful death lawsuits and millions of dollars in settlement payments."
The lawsuit seeks unspecified compensatory, statutory and punitive damages, plus legal fees.
The plaintiffs are represented by attorneys Neal J. Deckant and Luke Sironski-White, of Bursor & Fisher P.A., of Walnut Creek.
C.N. v. Martian Sales Inc. U.S. District Court for the Northern District of California, 3:23-cv-06202