MIT45 Inc., a kratom products manufacturer, is facing a class action lawsuit for allegedly misleading consumers about the addictive nature of their products.
The lawsuit was filed on behalf of minor plaintiffs, identified only as B.D. and L.M. The lawsuit was filed n the U.S. District Court for the Southern District of California in San Diego. The complaint accuses MIT45 of allegedly deceptive and negligent sales practices concerning its kratom powder, capsule, gummy, and liquid extract products.
The lawsuit claims that the company failed to disclose that the active ingredients in kratom are similar to opioids, leading to a risk of physical addiction and dependency with similar withdrawal symptoms.
It alleges that MIT45 intentionally and negligently did not disclose these facts on its labeling, packaging, or marketing materials, thereby violating warranty law and state consumer protection laws.
The plaintiffs are seeking relief individually and on behalf of similarly situated purchasers of MIT45's products for various violations of California’s Unfair Competition Law, Consumers Legal Remedies Act and False Advertising Law, as well as alleged breach of implied warranty, unjust enrichment, fraud by omission and negligent misrepresentation.
The plaintiffs seek to expand the action to include potentially thousands of additional plaintiffs from throughout the U.S.
They are seeking actual, compensatory, statutory, and punitive damages, plus attorney fees.
They are represented by attorneys Neal J. Deckant andL uke Sironski-White, of Bursor & Fisher, of Walnut Creek.