Texas Cracks Down on High-Potency Kratom, Sues Smokey's Paradise for Alleged Violations

Texas Cracks Down on High-Potency Kratom, Sues Smokey's Paradise for Alleged Violations

Dallas-Fort Worth, TX – The State of Texas has initiated a significant legal action against Midlothian-based retailer Smokey's Paradise, accusing the company of selling kratom products with dangerously high and illegal concentrations of the alkaloid 7-hydroxymitragynine (7-OH), as well as prohibited synthetic alkaloids. This lawsuit, filed by Attorney General Ken Paxton, marks a strong enforcement move against non-compliant kratom sales within the state.

What Happened

According to a news release from the Texas Attorney General's Office, the lawsuit alleges that Smokey's Paradise, operating under Kunkka Enterprise Co. and Rubick Inc., deceptively marketed and sold kratom products containing up to 96% 7-OH. This level is nearly fifty times the legal limit of 2% established by the Texas Kratom Consumer Health and Safety Protection Act, which was enacted in September 2023. Laboratory testing confirmed these extreme concentrations, with some products ranging from 86% to 96% 7-OH of total alkaloid content. The state is seeking civil penalties and a permanent injunction to prevent the further sale and distribution of these products.

Why It Matters to Kratom Merchants and Consumers

This legal action carries substantial implications for both kratom merchants and consumers. For consumers, the lawsuit underscores the potential dangers associated with unregulated, high-potency kratom products. Attorney General Paxton emphasized that kratom can be "addictive and deadly," particularly when products are adulterated with concentrated or synthetic alkaloids, which the state deems "extremely dangerous to Texans." The Texas Kratom Consumer Health and Safety Protection Act was specifically designed to protect consumers from these risks by setting strict potency limits and banning synthetic additives.

For kratom merchants, this case serves as a stark warning regarding the aggressive enforcement of state-level kratom regulations. It highlights the serious consequences of non-compliance, including significant civil penalties, product bans, and damage to business reputation. This lawsuit is part of a broader initiative by the Texas Attorney General to crack down on the illegal distribution of kratom products that violate state law.

Compliance Implications

The lawsuit directly addresses violations of the Texas Kratom Consumer Health and Safety Protection Act. This act mandates clear labeling, comprehensive testing, and strict potency limits, specifically prohibiting kratom products from containing more than 2% 7-OH in the overall alkaloid composition and forbidding synthetic additives. Additionally, the state has accused Smokey's Paradise of violating the Texas Deceptive Trade Practices Act by knowingly selling products with illegal synthetic alkaloids. The legal pursuit of an injunction against the companies would immediately halt the sale and distribution of the implicated kratom products.

What High-Risk Merchants Need to Know

For high-risk merchants in the kratom industry, this case reinforces the critical importance of stringent regulatory compliance. The Texas law sets a clear benchmark of no more than 2% 7-hydroxymitragynine and expressly prohibits synthetic alkaloids.

To mitigate risks, merchants must:

• Prioritize Third-Party Lab Testing: Consistently submit all kratom products for independent, third-party laboratory analysis to verify alkaloid content, specifically 7-OH levels, and confirm the absence of any synthetic compounds.
• Obtain and Verify Certificates of Analysis (COAs): Demand and meticulously review COAs for every batch of product. These documents are essential proof of compliance with state-specific potency limits and purity standards.
• Understand and Adhere to State Regulations: Stay thoroughly informed about the Texas Kratom Consumer Health and Safety Protection Act and any other relevant state or local laws governing kratom sales. Ignorance of the law is not a defense.
• Ensure Transparent Labeling: Accurately label all products with clear information about ingredients, alkaloid content, and dosage, ensuring it aligns with lab results and regulatory requirements.

Failure to adhere to these compliance measures can lead to severe legal repercussions, including lawsuits, substantial financial penalties, and mandated operational shutdowns, as evidenced by the action taken against Smokey's Paradise. The Texas Attorney General's proactive enforcement signals a zero-tolerance approach to companies endangering public health through non-compliant kratom products.