If you suffered a serious injury, addiction, or lost a loved one after using kratom or a 7-OH product, you may have a legal claim against the manufacturer, distributor, or retailer that sold it. The number of kratom lawsuits across the country is rising, and Texas is now at the center of the fight. In February 2026, the Texas Attorney General sued a Texas kratom retailer for selling products with nearly 50 times the legal limit of 7-hydroxymitragynine, the powerful opioid-like compound at the heart of the current litigation wave.

Armstrong Law, PLLC represents Texans harmed by dangerous, mislabeled, or illegally concentrated kratom products. Our Dallas office handles cases throughout Texas, and we work on a contingency fee. You pay nothing unless we win your case.

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What Is Happening With Kratom Lawsuits?

Kratom is a plant-based product sold as a powder, capsule, tablet, tea, gummy, drink shot, or concentrated extract. It is marketed in smoke shops, gas stations, convenience stores, and online as a natural supplement for pain, anxiety, energy, or opioid withdrawal. The reality is different. Kratom interacts with opioid receptors in the brain, and concentrated forms can be addictive and deadly. kratom lawyer

Families and injured users across the country have filed personal injury and wrongful death lawsuits against kratom manufacturers, distributors, and sellers. Courts have already issued major verdicts:

  • An $11 million judgment in Florida on behalf of the family of a 39-year-old mother of four who died from acute mitragynine intoxication after using a kratom product called "space dust"
  • A $2.5 million jury verdict in Washington state for the family of a man who died after consuming a kratom product, with the jury finding the distributor liable for inadequate warnings and instructions

The most aggressive recent litigation focuses on 7-hydroxymitragynine (7-OH) products, which the FDA warns can be up to 30 times more potent than morphine. In July 2025, the FDA sent warning letters to seven companies for illegally marketing 7-OH products and recommended scheduling certain 7-OH products under the Controlled Substances Act.

Kratom Law in Texas: HB 1097 and What It Means for Your Case

Texas passed the Texas Kratom Consumer Health and Safety Protection Act, HB 1097, which took effect September 1, 2023. The law is found in Health and Safety Code Chapter 444 and sets clear rules for kratom processors and retailers in Texas.

Under Texas law, a kratom processor or retailer may not prepare, distribute, sell, or offer to sell a kratom product that:

  • Is adulterated with a dangerous non-kratom substance
  • Is contaminated with a poisonous or otherwise deleterious non-kratom substance
  • Contains a level of 7-hydroxymitragynine in the alkaloid fraction greater than two percent of total alkaloids
  • Contains any synthetic alkaloids, including synthetic 7-hydroxymitragynine
  • Is sold to a person under 18 years of age

When a company violates these rules and a Texan is hurt or killed, that violation is powerful evidence of negligence and product liability. A pending bill, SB 1868, would strengthen these requirements further, raise the purchase age to 21, and require lab testing.

The Texas Attorney General Lawsuit Against a Kratom Retailer

On February 9, 2026, Texas Attorney General Ken Paxton filed a lawsuit against Texas kratom retailer Smokey's Paradise, accusing the company of selling products containing nearly 50 times the legal limit of 7-OH allowed under Texas law.

This matters for injured Texans because the State of Texas itself is now publicly taking the position that retailers can be held legally responsible for selling kratom products that exceed Texas safety limits. If you or a loved one used a high-potency 7-OH product purchased at a Texas smoke shop, gas station, convenience store, or online vendor that shipped to Texas, you may have a strong case.

Injuries and Deaths Linked to Kratom and 7-OH

Medical studies and FDA warnings have connected kratom and 7-OH products to a wide range of serious injuries, including:

  • Liver injury and liver failure
  • Kidney injury
  • Seizures
  • Cardiac arrest and irregular heart rhythm
  • Brain hemorrhage
  • Respiratory depression and respiratory failure
  • Severe addiction and dependence
  • Withdrawal symptoms similar to opioid withdrawal
  • Neonatal abstinence syndrome in babies born to mothers who used kratom during pregnancy
  • Aphasia and other neurological problems
  • Death from acute mitragynine or 7-OH intoxication

If a doctor, hospital, or medical examiner has linked your injury or your loved one's death to kratom or 7-OH, that connection is the foundation of a potential claim.

Do You Qualify for a Texas Kratom Lawsuit?

You may qualify to file a kratom lawsuit if all of the following apply to you or a family member:

  • The injured person used a kratom product, kratom extract, or 7-OH product, such as a kratom shot, gummy, tablet, capsule, powder, or drink
  • The product was bought in Texas or shipped to Texas
  • The person suffered a serious injury, addiction, or death
  • There is medical evidence, such as records, toxicology, or autopsy results, connecting the harm to the product
  • The claim is being brought within the Texas statute of limitations

You may still have a case even if the injured person used other substances, as long as a medical professional links the harm to kratom or 7-OH. Bring whatever you have to the consultation. We will help fill in the gaps.

Kratom Wrongful Death Claims in Texas

When a family member dies after using kratom or a 7-OH product, Texas law allows surviving spouses, children, and parents to file a wrongful death claim. A separate survival claim may also be brought by the estate.

Compensation in a Texas kratom wrongful death case can include funeral and burial expenses, final medical bills, lost financial support, lost household services, and damages for the pain, suffering, mental anguish, and loss of companionship the family experiences. Armstrong Law, PLLC handles these cases with the care they deserve. Learn more about how we handle wrongful death claims in Texas.

Who Can Be Sued in a Kratom Case?

Kratom cases often involve multiple potentially liable parties. Texas product liability law allows injured consumers to pursue claims against everyone in the chain of distribution, including:

  • Manufacturers and processors of kratom and 7-OH products
  • Wholesale distributors
  • Online sellers and direct-to-consumer brands
  • Smoke shops and vape shops
  • Gas stations and convenience stores
  • Bars, restaurants, and other businesses that sell kratom drinks or shots

Common legal theories include failure to warn about overdose, addiction, and drug-interaction risks, product defect, deceptive marketing of kratom as "safe" or "natural," misrepresentation, negligence, and violations of the Texas Kratom Consumer Health and Safety Protection Act and the Texas Deceptive Trade Practices Act.

Compensation Available in a Kratom Lawsuit

If your kratom case is successful, you may recover several types of damages under Texas law.

Economic Damages

  • Past and future medical bills, including hospital, rehab, and addiction treatment
  • Lost wages and lost earning capacity
  • Out-of-pocket costs related to the injury
  • Funeral and burial expenses in wrongful death cases

Non-Economic Damages

  • Physical pain and suffering
  • Mental anguish, anxiety, and PTSD
  • Physical impairment and disfigurement
  • Loss of enjoyment of life
  • Loss of companionship and consortium for surviving family members

Exemplary (Punitive) Damages

In cases involving gross negligence, such as a company knowingly selling 7-OH products at illegal concentrations, Texas law allows juries to award punitive damages to punish the wrongdoer and deter future conduct.

To better understand how compensation works in Texas personal injury cases, see our pain and suffering library.

Filing Deadlines in Texas

Texas generally gives injured people two years from the date of injury, or from the date of death in a wrongful death case, to file a lawsuit. Wait too long and you can lose your right to recover compensation forever. In some situations the discovery rule can extend the deadline, but you should never assume it will apply to your case.

If you suspect kratom or 7-OH played a role in a recent hospitalization or death, talk to a Texas kratom lawyer now. Do not wait to find out where the deadline falls.

Why Choose Armstrong Law, PLLC

Armstrong Law, PLLC is a Texas personal injury firm with a record of going to court for injured Texans. Founder Warren Armstrong has built his career on holding negligent companies accountable, with a focus on the cases other firms find too complex. Kratom and 7-OH cases fit that description.

When you work with us on a kratom claim, you get:

  • A free, confidential, no-pressure case review
  • Direct communication with a Texas-licensed attorney
  • A contingency fee. You pay nothing unless we win your case
  • Statewide representation throughout Texas, with a Dallas home base
  • Resources to investigate the product, the seller, and the chain of distribution
  • Connections to leading mass tort and product liability counsel when needed

Frequently Asked Questions About Dallas Kratom Lawsuits

Can I sue if my loved one died after using kratom?

Yes. Texas law allows surviving spouses, children, and parents to file a wrongful death lawsuit when kratom or a 7-OH product contributed to the death. The estate may also bring a separate survival claim. Recoveries can include funeral costs, final medical bills, lost financial support, and damages for loss of companionship and mental anguish.

What if my loved one had other substances in their system?

You may still have a case. Many kratom deaths involve polysubstance use, and the law does not require that kratom be the only cause. What matters is whether the kratom or 7-OH product was a substantial factor and whether the company failed to warn about the risks of mixing.

Is there a class action or multidistrict litigation for kratom?

No federal multidistrict litigation has been formally created for kratom as of this writing, but individual lawsuits and class actions are accelerating, and an MDL may be created in the future. Each Texas kratom case is currently handled as an individual claim, which means your damages are evaluated based on what happened to you, not pooled with others.

How long do kratom cases take?

Every case is different. Some resolve through settlement within a year. Others, especially wrongful death cases against multiple defendants, can take longer. We will give you a realistic timeline after reviewing your case.

Do I have to come to Dallas to meet with you?

No. Armstrong Law, PLLC handles kratom cases throughout Texas. We can meet by phone, video call, or in person at our Dallas office. We come to you when needed.

Talk to a Dallas Kratom Lawyer Today

If kratom or a 7-OH product hurt you or took someone you love, do not wait. Evidence disappears, products get pulled, and Texas filing deadlines do not stop. Reach out today and we will tell you, honestly, whether you have a case.

Schedule a Free Consultation

Armstrong Law, PLLC serves kratom injury and wrongful death clients throughout Texas, including Dallas, Fort Worth, Houston, Austin, San Antonio, Plano, Irving, Garland, and Arlington.

For a free, confidential consultation, call our Dallas office at (214) 932-1288 or complete our online contact form. You pay nothing unless we win your case.

Armstrong Law, PLLC | 4040 N Central Expy Suite 400, Dallas, Texas 75204 | (214) 932-1288