SAN DIEGO (Legal Newsline) - The maker of a powder that gives users an opioid-like fix is facing a class action lawsuit over its side effects.
A class action lawsuit was filed March 14 in San Diego federal court against MIT45 Inc. by plaintiffs B.D. and L.M., represented by attorneys Neal J. Deckant and Luke Sironski-White from the law firm Bursor & Fisher, P.A.
The lawsuit accuses MIT45 Inc. of false, misleading, deceptive, and negligent sales practices regarding its kratom products, which include powder, capsules, gummies, and liquid extracts.
The complaint alleges that the company failed to disclose that the active ingredients in kratom are similar to opioids and can lead to physical addiction and dependency with similar withdrawal symptoms.
The plaintiffs argue that reasonable consumers do not expect an "all natural" product purchased at local stores to operate like an opioid with similar addiction risks. They claim that MIT45 Inc. intentionally and negligently failed to disclose these material facts on its labeling, packaging or marketing materials, violating warranty law and state consumer protection laws.
The suit also accuses MIT45 Inc. of relying on innocuous packaging and public ignorance about kratom's pharmacology to get users addicted while profiting from it.
The plaintiffs are seeking relief individually and on behalf of similarly situated purchasers of MIT45's products for violations of California’s Unfair Competition Law (UCL), Consumers Legal Remedies Act (CLRA), False Advertising Law (FAL), breach of implied warranty, unjust enrichment, fraud by omission, and negligent misrepresentation.