Anne Bucher  |  April 7, 2023

Category: Beverages

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A fizzy drink being poured into a glass
(Photo Credit: Slawek Tomas/Shutterstock)

Botanic Tonics class action lawsuit overview:

  • Who: Plaintiff Romulo Torres filed a class action lawsuit against Botanic Tonics LLC and 7-Eleven Inc.
  • Why: Botanic Tonics allegedly misrepresents its Feel Free Wellness Tonic as non-addictive, failing to disclose that one of its ingredients is potentially highly addictive.
  • Where: The Botanic Tonics class action lawsuit was filed in California federal court.

Botanic Tonics advertises its “Feel Free Wellness Tonic” as a safe and healthy alternative to alcohol, but fails to disclose that one of its ingredients is potentially highly addictive, a class action lawsuit alleges.

Plaintiff Romulo Torres says he chose to purchase Botanic Tonics Feel Free based on representations that the tonic is a kava drink and that the beverage is no more habit forming than sugar or caffeine.

However, Torres says the primary ingredient in Botanic Tonics Feel Free is kratom, not kava.

“Kratom is an opioid that carries similar risks of addiction as controlled narcotics,” according to the Botanic Tonics class action lawsuit.

The U.S. Food and Drug Administration and Drug Enforcement Administration have both reportedly warned that kratom can lead to addiction and can pose adverse side effects.

The Botanic Tonics class action notes that kratom is associated with a number of side effects, ranging from nausea, sweating, and constipation to more severe side effects such as high blood pressure, liver failure, hallucinations, psychosis, cardiac arrest, and coma.

“Unbeknownst to consumers, Botanic Tonics not only added kratom in large amounts, but also manipulated the formula of Feel Free to magnify the effects of kratom and induce a quicker, longer-lasting, and greater high,” the Botanic Tonics class action lawsuit states.

Botanic Tonics allegedly failed to disclose the amount or concentration of kratom in the Feel Free tonics, potentially putting consumers at risk of significant side effects.

Plaintiff says he developed Botanic Tonics Feel Free addiction and relapsed to cope with withdrawal symptoms

Torres says he has suffered from alcoholism and is now sober. In 2020, he says he began seeing targeted Botanic Tonics Feel Free advertisements on social media, advertising the product as a safe and healthy alternative to alcohol.

He purchased Botanic Tonics Feel Free from a 7-11 store and allegedly developed a strong addiction to the product within three months. He was allegedly spending about $3,000 per month on the product and experienced withdrawal when he tried to stop using the tonic. He says he relapsed to cope with the worsening withdrawal symptoms.

“Feel Free has caused [Torres] to lose his job, had severe impacts on his family life, and has undermined his decades of work in recovery,” the Botanic Tonics class action lawsuit asserts.

Torres filed the Botanic Tonics class action lawsuit on behalf of himself and a proposed class of others who purchased Botanic Tonics Feel Free in California since March 28, 2019.

Last fall, a federal judge dismissed some claims from a class action lawsuit against 7-Eleven that claimed the company falsely advertised some of its products as recyclable.

Have you purchased Botanic Tonics Feel Free products? Tell us about your experience in the comments!

Torres is represented by Robert S. Arns, Jonathan E. Davis, Shounak S. Dharap, and Katherine A. Rabago of Arns Davis Law and Anthony L. Label, Theo Emison, Steven A. Kronenberg, and Jacqueline K. Oh. of The Veen Firm PC.

The Botanic Tonics Feel Free class action lawsuit is Romulo Torres v. Botanic Tonics LLC, et al., Case No. 3:23-cv-01460, in the U.S. District Court for the Northern District of California.


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132 thoughts onBotanic Tonics class action claims Feel Free drink falsely advertised as non-addictive

  1. Janet Fogarty says:

    Please add this stuff is just as bad as street drugs after terrible stomach aches and withdrawals I finally got off it wish I never tried it

  2. JW Proffit says:

    This 83-yr-old walked into a Whole Foods. Lady Rep seeing I obviously had bad cold— handed me a “Feel Free” bottle. Bought on spot. Walked home. Had small sip & went to bed. It stopped my coughing! Got better after a few day’s rest. Sorry that a great cough syrup is being pulled-off the shelves!

  3. Amanda Watters says:

    HI,
    My name is Amanda and I’m addicted to this and I’m trying to wean off now. I’m spending so much money on something I thought wouldn’t affect me, but I was wrong. I’m currently trying to find someone to help Sue for for the lack of warnings. I speak of it online to warn people.

    1. Jordan says:

      Please add me!!!

  4. K. F. says:

    Please add me !

  5. Cindy Checkeye says:

    We began drinking this stuff about 3 years ago. There was not any warnings about Kratom and addiction at that time. Feel Free put most emphasis on the Kava Root, which I researched before drinking. We started using it for that boost of energy and clarity at 1 bottle a day. I asked Feel Free if there was any concern when we started drinking 3 bottles a day and was assured that it was safe.
    Now we are dinking 10 bottles a day each and have gone through a lot of money. When we try to ween off, the withdrawal takes over. I went from swimming 30 laps every morning to not getting off of the couch.
    I had an opiate addiction years ago and was 10 years sober when I started drinking this stuff. We need help getting off of this stuff. We have spent a huge chunk of our savings to feed the urge. I would have NEVER took a sip had Feel Free been labeled correctly when we first heard of it.

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