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Arizona Sues Botanic Tonics in First-in-Nation Consumer Fraud Lawsuit Over Kratom Drink

Arizona Attorney General Kris Mayes has filed a statewide consumer protection lawsuit alleging the maker of Feel Free deceptively marketed its kratom and kava drink without warning consumers about severe addiction risks.

Pierce Keller

September 23, 20262 min read

consumer protection lawsuit - illustration, Jake Team LLC

Queen Creek, Arizona — Arizona Attorney General Kris Mayes initiated a landmark consumer protection enforcement action on Wednesday, filing a lawsuit against Botanic Tonics, LLC over the marketing and distribution of its herbal tonic known as Feel Free. The civil complaint, submitted in Maricopa County Superior Court, asserts that the beverage manufacturer breached the Arizona Consumer Fraud Act by promoting two-ounce liquid shots as routine wellness supplements while downplaying severe hazards associated with habit formation and chemical dependency.

According to state prosecutors, the commercial tonic combines kava with kratom, a Southeast Asian plant derivative whose active alkaloids bind to opioid receptors in the human brain. While promotional campaigns positioned the blue bottles alongside convenience store checkout counters as natural mood enhancers and sober alternatives to alcoholic beverages, state regulators have tracked severe adverse outcomes tied to the botanical stimulant. State public health officials registered 146 fatal incidents involving kratom throughout Arizona over a four-year window concluding in 2023.

The enforcement action asserts that Botanic Tonics aggressively courted young consumers across college campuses and convenience retail chains, distributing millions of bottles statewide since 2020 while failing to provide prominent warnings regarding physical withdrawal symptoms.

"We allege that Botanic Tonics has repeatedly and willfully violated the Arizona Consumer Fraud Act and endangered the health and safety of Arizonans, including minors, by improperly marketing its kratom-containing beverage," Attorney General Mayes said in announcing the action.

State officials contend that the company employed recurring auto-ship subscriptions and customer loyalty discounts to foster habitual consumption patterns among shoppers who believed they were purchasing a harmless herbal beverage. Regulators further maintain that promoting the product as an alcohol substitute deceived individuals in recovery by replacing one addictive compound with another unannounced dependency risk. The state's legal action aims to halt the company's marketing practices and hold the manufacturer accountable under Arizona law.

"It is clear that kratom products are addictive and can have lasting health consequences for children and adults," Mayes stated. "We will not tolerate companies that sell these products without adequate safeguards in place to ensure that consumers understand these risks."

For Queen Creek residents, the legal challenge directly affects product distribution across local gas stations and retail corridors spanning the Maricopa and Pinal county border. With a municipal population surpassing 76,000 residents situated 38 miles southeast of Phoenix, the East Valley community relies heavily on regional consumer fraud enforcement coordinated through Maricopa County courts to regulate over-the-counter wellness products marketed to local youth and families.

Sources: Arizona Attorney General's Office (September 2026): https://www.azag.gov/press-release/attorney-general-mayes-sues-kratom-maker-botanic-tonics-first-nation-consumer; KTAR News (September 2026): https://ktar.com/arizona-news/arizona-kris-mayes-kratom-kava-tonic

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Pierce Keller

Pierce Keller writes about community life, schools, public safety, and local events in Queen Creek.

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