Happy Hippo Intentionally Failed to Disclose Dangers of Kratom, Class Action Suit Alleges

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A proposed class action lawsuit alleges Happy Hippo, LLC has intentionally failed to disclose the dangers of its kratom products, whose active ingredients, the suit says, are equivalent to—and just as addictive as—opioids.

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The 31-page Happy Hippo lawsuit relays that millions of unsuspecting people have developed addictions to kratom, which interacts with the same opioid receptors in the brain as morphine, heroin, oxycodone, fentanyl and other opiates and has the same risks of dependency, withdrawal and other harmful side effects. The packaging for Happy Hippo kratom powder, capsule and liquid extract products makes no mention of the fact that they interact with opioid receptors, are highly addictive, should not be consumed on a daily basis, and come with short- and long-term side effects and withdrawal symptoms, the suit contends.

The case alleges Happy Hippo has relied on the ignorance of consumers to reap a profit from kratom addiction “and does nothing to correct it,” intentionally misrepresenting its kratom products through “vague packaging” in a manner that does not speak to their status as a “hard opioid.”

“Here, Defendant intentionally failed to disclose these material facts regarding the dangers of kratom consumption anywhere on its Products’ labeling, packaging, website or marketing material,” the complaint summarizes. “As a result, Defendant has violated warranty law and state consumer protection laws.”

According to the suit, kratom products are sold stateside at herbal stores, gas stations and smoke shops, and marketed primarily as herbal supplements to “treat” a variety of ailments or obtain a “legal” or “natural” high. Per the suit, the alkaloids in kratom that produce a psychoactive effect are mitragynine (MG) and 7-hydroxymitragynine (7-OH). Crucially, both alkaloids interact with the mu-opioid receptor, which produces “the most addictive or habit-forming effects, such as euphoria and analgesia,” the case says.

“For this reason, the mu-opioid receptor is known as ‘the gateway to addiction’ because it is the receptor which all opioids interact with to produce the classic opioid high feelings of euphoria, sedation, and pain relief,” the case reads, noting that kratom’s effects, in sufficient doses, are “substantially similar” to those of opioids and other drugs.

The filing says that kratom has “exploded in popularity” in the United States in recent years, growth attributed in no small part to its marketing as a safe, natural substitute to painkillers, the suit specifies. The result of the failure of kratom makers and retailers to warn consumers of the products’ addictive potential is that many users “find themselves blindsided when they stop taking kratom and find themselves facing withdrawal symptoms,” the case charges.

“Consumers who knew the truth about kratom may not have purchased Defendant’s Products or would have paid less than they did for them,” the filing suggests.

The Happy Hippo lawsuit looks to cover anyone nationwide who, within the applicable statute of limitations period, bought Happy Hippo kratom products.

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