Makers of ‘feel free’ tonics sue Utah officials over new kratom regulations

The maker of a kratom and kava mix tonic has sued Utah officials over newly approved legislation tightening regulations on kratom, asking a judge to declare the legislation unconstitutional arguing it “contradicts” federal law.

In a lawsuit filed March 31 in federal court, Botanic Tonics, the manufacturer of “feel free” products, alongside the advocacy group Global Kratom Coalition, said the company and three others will have to remove their kratom products from the shelves of 321 retail locations throughout the state come May 6. The business would suffer a total loss, the document says, since the products are perishable.

SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX

“Immediate projected losses to Plaintiffs due to the statute’s ban on combination kratom dietary supplements exceed $10,704,428,” the lawsuit says. “To comply with the statute, Plaintiffs have notified their direct to store distributors that all kratom leaf products combined with any other ingredient must be removed from store shelves and not made available for sale as of May 6, 2026, unless action is taken by this Court to enjoin implementation of the statute.”

The Utah Attorney General’s Office declined to comment on pending litigation. 

Kratom, a leaf native to Southeast Asia, has become a controversial substance throughout the country. While many say it’s highly effective in treating conditions like chronic pain, anxiety and opioid use disorders, kratom products can also have opioid-like characteristics and have been responsible for addiction and even death among Utahns.

Utah lawmakers have criticized the product’s presence in gas stations and convenience stores, especially scrutinizing those that increase their potency by artificially enhancing 7-hydroxymitragynine, or 7-OH, a naturally occurring alkaloid that’s only a minor constituent of the plant.

The “feel free” tonic uses whole leaf kratom, which remains a permitted herb in Utah, for now. But, the tonic’s sale will still become unlawful this year under the new law, since it is combined with kava root. 

While the Utah Legislature didn’t ultimately approve a full kratom ban, lawmakers settled for the  Kratom Regulation Act, a law sponsored by Senate Minority Assistant Whip Mike McKell, R-Spanish Fork. The legislation prohibits adulterated kratom products from being sold in Utah, meaning only pure leaf kratom powders and capsules will be allowed for sale. 

McKell, who has heavily advocated to ban kratom in all its forms, said he’s not surprised by the filing, especially since Botanic Tonics has already sued Utah in the past for its kratom regulations — though that case was ultimately dismissed.

According to the plaintiffs, Utah’s law contradicts and obstructs federal law that “expressly permits combinations of dietary supplements” by prohibiting the sale of the mix of lawful botanicals — like kratom and kava. 

The state’s law also “denies consumers access to botanical kratom when combined with other lawful dietary ingredients,” according to the lawsuit, and “denies access to such products for which there is clinical trial data establishing that they do not present a significant or unreasonable risk of illness or injury.”

Botanic Tonics did not return a request for comment from Utah News Dispatch.

‘I hope it’s never sold here again’

McKell says the Utah Legislature is well within its rights to regulate products like “feel free,” which he said are dangerous and the subject of litigation in other states.

“Whether it’s delayed or not, I think we’re going to be successful in the state of Utah,” McKell said, “but I look forward to the day that it’s not sold in the state of Utah, and frankly, I hope it’s never sold here again.”

In an informal poll with some kratom retailers, McKell found that the tonics were so popular, they were hard to keep on the shelf. And, according to the senator, the “feel free” tonic has been marketed “in a really inappropriate way,” with sellers advertising it as a natural energy drink, when it “acts very much like an opioid.” 

Botanic Tonics agreed to pay $8.75 million to settle a class action lawsuit by “feel free” consumers claiming the company had failed to warn consumers about the dangers of consuming kratom. The company denied any wrongdoing.

McKell said he feels bad anytime the state loses business, but this is one that has “wrecked a lot of lives.”

“This is a product that has been heavily litigated already, and I think it’ll continue to be heavily litigated,” he said. “I think this is a very problematic product. I think it’s one of the worst.”

SUPPORT: YOU MAKE OUR WORK POSSIBLE