Feel Free Kratom Lawsuit: Arizona Sues, and the $8.75 Million Settlement Is in Its Second Payout
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If you searched “feel free kratom lawsuit” this month, the news is Arizona: on September 23, 2026 the state Attorney General sued Botanic Tonics, the maker of the feel free kava-and-kratom shot, for hiding kratom and its addiction risk. That is a state case, not a class action you can join. The nationwide class action already settled for $8.75 million; claims closed June 17, 2025, and as of October 2026 a second round of checks from uncashed money is being paid. There is no new claim form.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the Lawsuits Say About Feel Free
Feel free is a 2-ounce shot sold at gas stations, convenience stores and online. It contains two psychoactive plants: kava and kratom. Every case against the company turns on the same allegation — that the marketing played down the kratom.
Arizona (2026): the complaint alleges Botanic Tonics sold feel free as an energy drink, a wellness tonic and an alcohol alternative — including to people seeking sobriety — while describing it as a “kava drink” made with “other ancient plants” instead of naming kratom. It also attacks subscriptions, discounts and a rewards program that encouraged buying more. The state cites 146 documented kratom deaths in Arizona between 2020 and 2023.
The class action (2023–2025): buyers alleged that the company sold kratom-containing tonics without disclosing the health risks. Botanic Tonics and Hydra623 Holdings deny wrongdoing; the court made no finding either way.
Case Details
Arizona: State of Arizona v. Botanic Tonics, filed September 23, 2026 in Maricopa County Superior Court under the Arizona Consumer Fraud Act, before Judge Adele Ponce, per local press.
Class settlement: In re Botanic Tonics Litigation, No. 3:23-cv-01460-VC, U.S. District Court for the Northern District of California, Judge Vince Chhabria. It combined Torres v. Botanic Tonics, LLC with C.C. v. Botanic Tonics (C.D. Cal. No. 2:23-cv-03687). Final approval and judgment: October 20, 2025. The administrator is RG/2 Claims Administration; the official site is FeelFreeClassAction.com.
Utah: Botanic Tonics itself is the plaintiff in Botanic Tonics, LLC v. Pherson, No. 2:26-cv-00267 (D. Utah, Judge Howard C. Nielson Jr.), challenging Utah’s ban on kratom mixed with other substances. The court refused to block the law; the company appealed to the Tenth Circuit (No. 26-4060).
Status as of October 2026
Class settlement: paying out, closed to new claims. On August 19, 2026 class counsel filed the required post-distribution accounting (Dkt. 168). On August 24, 2026 the judge noted that a second pro rata distribution was still in progress. Claimants report second checks of $44.44 in September 2026; that figure has not been confirmed by the administrator or the court. Details are in our report on the second Feel Free payment.
Injury suits: pending individually, including a Florida wrongful-death case announced June 4, 2026. None is a settlement.
Who Was in the Class — and Who Still Has Options
The settlement class covered people who bought Feel Free tonics containing kratom (“Feel Free classic tonic” and “Feel Free tonic”) in the United States between March 28, 2019 and March 5, 2025. Only those who filed by June 17, 2025 and had a valid claim are paid. If you did not file, the money track is closed.
Most claims were thrown out. Of 736,353 claims, the court ordered 680,192 rejected as invalid, after the administrator flagged signs of fraud. 42,562 claims had no flags; 13,599 more got a chance to cure deficiencies.
Injury is separate. The court’s order says the release “specifically excludes claims for personal injury.” Being a class member did not give up a claim for addiction, withdrawal or other harm. Arizona residents can also file a consumer complaint with the Attorney General’s office.
How Much the Settlement Pays
Neither the first-round amount nor the payment date is public; the accounting that states them is not in the free court archive. The second round is paid from uncashed first-round checks; anything left after that goes to the charity Western Center of Law and Poverty, never back to the company. The Arizona case has no fund and no payment; any compensation it wins would be for Arizona buyers and is years away at best.
How cases like this one end
Our copy of the federal courts’ own case database covers 25,309 other fraud casesclosed in U.S. federal district courts between 2015 and 2026, 27.6% of them filed as class actions:
- 17.1% ended in a settlement recorded by the court. Another 22.9% were dismissed voluntarily, which often follows a private settlement — so the real settlement share sits between 17.1% and 39.9%.
- 10.2% were decided on a motion before any trial.
- 1 in 112 reached a trial (0.9%), after a median of 29.9 months.
- Median time from filing to the end of the case: 7 months.
- Only 761 of them (3%) record a money award at all; the median of those is $663,000.
These are base rates for this type of case (federal other fraud cases) — not a prediction about this lawsuit, and not legal advice. Source: Federal Judicial Center, Integrated Database (civil), analysed by Settlement Insight. Cases heard in state courts are not included.
Feel Free Lawsuit Timeline
- 1
March 28, 2023 — Class Action Filed
Torres v. Botanic Tonics is filed in the Northern District of California. It later absorbs a Central District case as In re Botanic Tonics Litigation.
- 2
June 17, 2025 — Claim Deadline
The last day to file a claim in the $8.75 million settlement. It has not been reopened.
- 3
October 20, 2025 — Final Approval
Judge Chhabria approves the settlement, orders 680,192 invalid claims rejected and requires a kratom warning on labels and social media ads.
- 4
March 31, 2026 — Feel Free Maker Sues Utah
Botanic Tonics challenges Utah’s ban on kratom mixed with other substances. The court refuses to block the law, which takes effect May 6, 2026; an appeal follows.
- 5
August 24, 2026 — Second Payout Under Way
After the August 19 accounting, the judge notes a second pro rata distribution is in progress. Claimants report checks in September 2026.
- 6
September 23, 2026 — Arizona Sues
The Arizona Attorney General sues Botanic Tonics in Maricopa County Superior Court under the Consumer Fraud Act. No settlement or claim process exists.
Three Things to Watch For
A closed settlement still sending checks, plus a new headline lawsuit, is an easy setup for fake “claim” offers:
“File your Arizona feel free claim”
There is no claim form in the Arizona case. It is a lawsuit by the state, not a class action. The Attorney General’s office has said only that it will set up a forum later for people to share experiences.
Fees to “release” your second check
The second distribution goes only to approved claimants, by check from RG/2. Real contacts come from FeelFreeClassAction@rg2claims.com or 1-844-951-2340. Nobody legitimate asks for a fee or your bank login.
“Late claims now open”
Claims closed June 17, 2025, and the court only accepted a small set of late claims before final approval. A site taking new Feel Free settlement claims is collecting your data, not filing anything.
Feel Free Kratom Lawsuit — Questions People Actually Ask
Can I still file a claim in the Feel Free settlement?
No. The deadline was June 17, 2025, and final approval came on October 20, 2025. Only approved claimants are being paid.
I got a second check for $44.44. Is it real?
Probably, if you had an approved claim. The final approval order sends uncashed first-round money to a second pro rata distribution, and the judge noted on August 24, 2026 that it was in progress. The $44.44 figure comes from claimant reports, not an official notice; check any doubt with RG/2 at 1-844-951-2340.
Why was my claim rejected?
The administrator flagged 693,791 of 736,353 claims as potentially fraudulent, and the court ordered 680,192 rejected. Flagged claimants who could be legitimate got 30 days to send documentation. Rejections are final now.
Does the Arizona lawsuit pay me anything?
Not now. Filed September 23, 2026, it seeks an order against the marketing and compensation for Arizona buyers who suffered side effects. There is no fund, form or deadline. Arizona residents can file a consumer complaint with the Attorney General.
Can I still sue over addiction or withdrawal?
The class settlement did not release personal-injury claims. Individual injury suits are pending elsewhere, including a Florida wrongful-death case. Deadlines for injury suits vary by state, so a licensed attorney is the person to ask.
What are the ingredients in the Feel Free drink?
Feel free contains kava and kratom. The company says feel free CLASSIC uses kava root and whole kratom leaf, about 1.75 grams of leaf per serving. Since the settlement, labels must warn that leaf kratom “can become habit-forming.”
Is kratom a narcotic?
Kratom’s main compounds, mitragynine and 7-hydroxymitragynine, bind to opioid receptors and carry a risk of addiction, per the National Institute on Drug Abuse. Kava is not a controlled substance. Federal scheduling of 7-OH is covered on our kratom lawsuit page.
What states ban kratom, and is Feel Free banned?
Utah has banned kratom mixed with other substances, which covers feel free, since May 6, 2026; a federal court refused to block that law. This page does not track every state; our kratom lawsuit page covers the wider rules.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.
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