Arizona is taking the maker of Feel Free to court, accusing the company behind the popular kava-and-kratom drink of hiding just how addictive and dangerous its product can be. Attorney General Kris Mayes filed suit against Botanic Tonics LLC and its owner, Jerry Ross, alleging the company marketed Feel Free as a wellness shot and alcohol alternative while downplaying the risks of a substance the federal government still calls a drug of concern.
The lawsuit, filed in Maricopa County Superior Court, does not ask a judge to ban the product outright. Instead, according to Capitol Media Services, the state is seeking court-ordered changes to how Feel Free is marketed along with financial compensation for Arizona purchasers who suffered side effects. Feel Free is sold in 2-ounce shots at convenience stores and vape shops across the state, positioned as a clean energy boost and mood lifter that the company has said has not been shown to cause serious physical harm, according to AZ Family.
Mayes said the company “repeatedly and willfully violated the Arizona Consumer Fraud Act” and endangered residents, including minors, and that Feel Free's marketing conceals dangers such as addiction and other mental and physical harm, per the outlet's reporting. “We are taking Botanic Tonics to court to stop these practices and hold the company accountable under Arizona law,” Mayes said, according to the same report.
How the Company Allegedly Masked Kratom Behind Kava
Court filings get specific about the alleged deception. Prosecutors say Botanic Tonics promoted Feel Free as a “kava drink” containing “other ancient plants” in order to downplay kratom's risks — and that the softer branding lulls buyers into a false sense of safety before higher doses kick in with opioid-like effects, as Courthouse News Service reports. The state's filing put it bluntly: “describing 'feel free' as a kava drink is akin to describing a gin and tonic simply as a tonic.”
Kratom remains legal for adult purchase in Arizona, so the state's legal strategy leans on deceptive omitted risk disclosures under Arizona's consumer fraud law rather than a prohibition claim, per Capitol Media Services' coverage. Feel Free is dangerous when consumed in concentrated amounts, and kratom itself is described in the lawsuit as an addictive substance that remains legal, according to AZ Family's reporting.
Prior Settlement Already Forced Label Changes
This isn't Botanic Tonics' first brush with legal fallout. The company agreed to an $8.75 million class action settlement in 2025 resolving allegations it failed to warn consumers about Feel Free's addictive kratom content, covering purchases made between March 28, 2019, and March 5, 2025, according to ClassAction.org. That settlement required the company to add warnings that kratom can be habit-forming and harmful if not consumed as directed, plus a caution against use by anyone with a history of substance abuse, per AZ Family's report.
Botanic Tonics has since taken some voluntary steps of its own. The company raised its recommended minimum age advisory for Feel Free to 21 and scheduled an updated label with clearer serving-size guidance and stronger warning text, Hoodline reported in a prior wrongful-death lawsuit filed in Florida in June, in which a medical examiner ruled a 32-year-old man's death was caused by the toxic effects of mitragynine, a key active compound in kratom found in Feel Free. AZ Family reports it reached out to Botanic Tonics for comment on Arizona's new lawsuit.
The Numbers Behind the State's Case
Arizona officials point to grim statistics to justify the escalation. Between 2020 and 2023, the Arizona Department of Health Services documented 146 kratom-related deaths statewide, according to the Office of the Arizona Attorney General. Nationally, the Substance Abuse and Mental Health Services Administration estimated roughly 1.7 million Americans aged 12 and older used kratom in 2021, per the U.S. Food and Drug Administration, which has not approved any prescription or over-the-counter drug containing kratom and warns the substance carries risks including liver toxicity, seizures, addiction, and respiratory depression.
The U.S. Drug Enforcement Administration designates kratom a “Drug and Chemical of Concern,” explaining that low doses act as a stimulant while higher doses produce sedative, opioid-like effects capable of triggering psychological and physical dependence. Arizona has enacted a Kratom Consumer Protection Act barring adulterated products and sales to minors under 18, according to the Arizona State Senate.
What Comes Next
Whether Arizona's penalties and marketing remedies reshape convenience-store sales remains to be seen.
