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Fatal Product Liability January 2024 Cowlitz County, Washington

Kratom Poisoning Wrongful Death Lawsuits Continue to Be Filed

Wrongful death lawsuits are mounting against kratom manufacturers after consumers die from toxic ingestion of mitragynine, the primary psychoactive compound in kratom products. As the FDA and CDC continue to raise safety concerns, families are turning to the courts to hold manufacturers accountable for selling dangerous, unregulated supplements.

Case Details

Victim
Jordan McKibban, 37, Washington state
Date of Death
April 5, 2022
Cause of Death
Oral ingestion of a toxic amount of mitragynine (kratom compound)
Autopsy
Cowlitz County Medical Examiner
Products Used
Whole Herbs kratom capsules, Hush Kratom liquid shots, Cloud House Vaporz bulk powder
Reason for Use
Hand and back pain relief
Case Number
23-2-01183-08, Superior Court of Washington, Cowlitz County
Defendants
Cloud House, Whole Herbs, Hush, Cloud House bulk powder division
Related Verdict
July 2023 jury awarded $2.5 million in similar kratom death case in same county

Background: What Is Kratom and Why Is It Dangerous?

Kratom (Mitragyna speciosa) is a tropical plant native to Southeast Asia that has been marketed in the United States as a natural supplement for pain relief, energy, and opioid withdrawal. The plant’s leaves contain mitragynine and 7-hydroxymitragynine, psychoactive compounds that interact with opioid receptors in the brain. Kratom is sold legally in most states in the form of capsules, powders, extracts, and liquid shots, often through gas stations, smoke shops, and online retailers. Despite its widespread availability, the FDA has never approved kratom for any medical use and has issued multiple warnings about its serious health risks.

The lack of federal regulation means kratom products are not subject to the same safety testing, dosage standardization, or labeling requirements as prescription medications. Concentrations of mitragynine can vary dramatically between products and even between batches from the same manufacturer. This inconsistency creates a dangerous situation in which consumers have no reliable way to know how much of the active compound they are ingesting. The CDC has linked kratom to dozens of deaths nationwide, and toxicology reports frequently identify mitragynine as a primary or contributing cause of death in these cases.

What Happened to Jordan McKibban

Jordan McKibban, 37, of Washington state, used kratom products to manage chronic hand and back pain. He regularly consumed Whole Herbs kratom capsules, Hush Kratom liquid shots, and Cloud House Vaporz bulk kratom powder. On April 5, 2022, Jordan collapsed at his home after returning from work. His nephew found him unconscious and unresponsive. Emergency responders transported Jordan to a local hospital, where he was pronounced dead.

The Cowlitz County Medical Examiner conducted an autopsy and determined Jordan’s cause of death was “oral ingestion of a toxic amount of mitragynine” — the primary psychoactive compound found in kratom. His family subsequently filed a wrongful death lawsuit (Case No. 23-2-01183-08) in the Superior Court of Washington, Cowlitz County, naming Cloud House, Whole Herbs, Hush, and Cloud House’s bulk powder division as defendants. The lawsuit alleges the manufacturers sold dangerous, inadequately labeled products without sufficient warnings about the risk of fatal overdose. Notably, in July 2023, a jury in the same county awarded $2.5 million in a similar kratom death case, establishing significant precedent for these claims.

Legal Options for Kratom Poisoning Victims and Families

When a consumer dies from a dangerous product like kratom, multiple legal theories may apply. Families of kratom poisoning victims should understand the range of claims available, each targeting different aspects of manufacturer and distributor responsibility.

Wrongful Death Claims

Family members of someone killed by kratom poisoning can file a wrongful death claim seeking compensation for loss of financial support, loss of companionship and guidance, funeral and burial expenses, and the emotional suffering caused by the death. These claims hold manufacturers accountable for placing a product into the market that foreseeably caused a consumer’s death.

Product Liability Claims

Product liability law allows victims and their families to sue manufacturers, distributors, and retailers of defective or unreasonably dangerous products. Kratom products may be considered defective due to their inherent toxicity, inconsistent dosing, contamination, or the absence of standardized safety testing. Strict liability may apply, meaning families do not need to prove the manufacturer was negligent — only that the product was dangerous and caused the death.

Manufacturer Negligence

Kratom manufacturers may be held liable for negligence if they failed to conduct adequate safety testing, failed to standardize dosage concentrations, or ignored known risks associated with their products. Internal company communications, testing records, and quality control documentation can reveal whether manufacturers knew about dangers and chose not to act, prioritizing profits over consumer safety.

Failure to Warn and Regulatory Failure Claims

Manufacturers have a legal duty to provide adequate warnings about known risks associated with their products. Many kratom products are sold with minimal or no warnings about the risk of fatal overdose, toxic interactions, or the lack of FDA approval. Failure-to-warn claims argue that proper labeling and safety information could have prevented the consumer from ingesting a fatal dose. These claims are especially strong when the manufacturer was aware of prior deaths or adverse events linked to their products.

Kratom Safety: By the Numbers

91+ deaths
Deaths associated with kratom use reported by the FDA as of 2019, with the number continuing to grow
U.S. Food and Drug Administration
$1.6 billion
Estimated annual U.S. kratom market size, largely unregulated by federal agencies
American Kratom Association / industry estimates
$2.5 million
Jury verdict in a 2023 Cowlitz County kratom wrongful death case, setting precedent for future claims
Superior Court of Washington, Cowlitz County (July 2023)
6 states
Number of U.S. states that have banned kratom sales entirely due to safety concerns
National Conference of State Legislatures
Zero FDA approvals
The FDA has never approved kratom for any medical use. The agency has issued multiple import alerts and public warnings, yet kratom remains widely available as a dietary supplement in most states with no standardized dosing or safety testing requirements.
U.S. Food and Drug Administration / CDC

Frequently Asked Questions

What is kratom and what is mitragynine?
Kratom is a tropical plant (Mitragyna speciosa) native to Southeast Asia. Mitragynine is the primary psychoactive compound found in kratom leaves. It acts on opioid receptors in the brain and is often marketed as a natural supplement for pain relief, energy, and mood enhancement. However, kratom is not approved by the FDA for any medical use, and toxic doses of mitragynine can cause respiratory depression, seizures, and death.
Can you file a product liability lawsuit for a death caused by a dietary supplement like kratom?
Yes. Manufacturers, distributors, and retailers of dietary supplements can be held liable under product liability law if their products are unreasonably dangerous, contain toxic substances, or lack adequate warnings about known risks. Even though supplements are less regulated than pharmaceuticals, companies that sell them still owe a duty of care to consumers.
What legal claims can families pursue after a wrongful death caused by an unregulated product?
Families may pursue wrongful death claims for loss of companionship, financial support, and funeral expenses. They can also bring product liability claims alleging design defects, manufacturing defects, or failure to warn. In cases involving unregulated supplements, claims may also target the entire supply chain — from raw material suppliers to retailers — for negligently selling dangerous products without adequate safety testing.
What is the FDA’s position on kratom regulation and safety?
The FDA has repeatedly expressed concerns about kratom safety and has not approved it for any medical use. The agency has issued multiple import alerts to prevent kratom from entering the U.S., linked kratom to dozens of deaths, and warned consumers about the risk of contamination with heavy metals and salmonella. However, kratom remains legal in most states because it is classified as a dietary supplement rather than a controlled substance at the federal level.

Related Resources

Practice Area
Wrongful Death Lawyer
Comprehensive legal representation for families who have lost loved ones due to dangerous products and corporate negligence.
Practice Area
Product Liability Attorney
Fighting manufacturers who put profits over safety and sell dangerous, defective, or inadequately labeled products to consumers.
Knowledge Hub
Wrongful Death and Product Liability: When Products Cause Fatality
Understanding how wrongful death and product liability laws work together to hold manufacturers accountable for fatal defects.
Knowledge Hub
The Top 6 Most Infamous Defective Product Cases
A look at landmark product liability cases that changed consumer safety standards and corporate accountability.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is unique, and the information provided here may not apply to your specific situation. Reading this content does not create an attorney-client relationship with Scranton Law Firm. For advice regarding your particular circumstances, please contact a qualified attorney.

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