IF YOU PURCHASED FEEL FREE TONICS CONTAINING KRATOM, YOU COULD GET BENEFITS FROM A CLASS ACTION SETTLEMENT.
This class action lawsuit (entitled “In Re Botanic Tonics Litigation”) is the consolidation of two actions, Torres et al., v. Botanic Tonics, LLC, N.D. Cal. Case No. 3:23-cv-01460-VC and C.C. v. Botanic Tonics, C.D. Cal. Case 2:23-cv-03687-HDV-AFM designated together as In Re Botanic Tonics Litigation, Case No. 3:23-cv-01460-VC and is currently pending in United States District Court, Northern District of California (collectively, the “Action”). The Action alleges that Defendants Botanic Tonics, LLC and Hydra623 Holdings, LLC (“Defendants”) did not comply with state and common laws in California, New York and New Jersey, with respect to how it sold, marketed and advertised its “Feel Free Wellness Tonic” product. The lawsuit claimed that Botanic Tonics made, marketed, and sold Feel Free products containing kratom without disclosing the harmful impacts from consuming the beverage. The suit claimed that kratom contained in the Feel Free tonics increased health risks of anyone who drank them. Defendants deny they did anything wrong.
The Court did not decide in favor of Plaintiffs or Defendants. Instead, both sides agreed to a settlement. That way, they avoid the cost of trial, and the people affected can get compensated. The Class Representative and the attorneys agree settlement is best for everyone who was injured.
This class action settlement affects you if you ever purchased Feel Free tonics containing kratom (i.e. “Feel Free classic tonic” and “Feel Free tonic”), between March 28, 2019, and March 5, 2025 (the “class period”). The settlement will pay people who purchased Feel Free tonic in the United States during the class period and who timely submit a claim form. Consumers who purchased Feel Free tonics containing kratom (i.e. “Feel Free classic tonic” and “Feel Free tonic”) in the United States during the class period are included in the Settlement, but you may exclude yourself from the settlement, or object to it
Defendants will fund $8,750,000 to pay: (1) reimbursements to Class Members who submit timely and valid claims; (2) Class Counsel’s attorneys’ fees (up to 1/3rd of the Gross Settlement Amount,) and costs, subject to Court approval; (3) service payments to the Class Representatives of up to $5,000 each, subject to Court approval; and (4) Settlement administration costs.
Participating Class Members who purchased Feel Free tonic in the United States from March 28, 2019, to March 5, 2025, must file a claim by June 3, 2025, to receive a pro rata payment. Payments will be made on a pro rata basis and based on the number of bottles of Feel Free you purchased. You may claim up to ten (10) bottles without proof of purchase, and you may claim more than ten (10) bottles with proof of purchase.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | ||
| ACTION | EXPLANATION | DEADLINE |
| SUBMIT A CLAIM FORM | To participate in the settlement, you must return the Claim Form. This is the only way to get payment. You can submit your Claim Form online or download the Claim Form from this website and mail it to the Settlement Administrator |
June 3, 2025 |
| EXCLUDE YOURSELF | Get no payment but preserve your right to pursue separate legal action against Botanic Tonics Defendants asserting the claims that were pleaded in this lawsuit. Please see Section VI of the Notice of Class Action Settlement for the details on how to exclude yourself settlement. |
June 3, 2025 |
| OBJECT | Write to the Settlement Administrator or appear in Court on June 26, 2025, to explain why you do not like the settlement. Please see Section V of the Notice of Class Action Settlement for the details on how to object to the settlement. |
June 3, 2025 |
| DO NOTHING | Get no payment. Give up rights. | No Deadline |
To understand all your options and how your rights will be affected, as well as the deadlines for action on your part, please read the Long Form Notice of Class Action Settlement.
The Court is scheduled to hold a final approval hearing on June 26, 2025, at 2:00 PM at the United States District Court for the Northern District of California, via Zoom, to consider whether to approve the settlement and attorneys’ fees and expenses totaling no more than $3 million. You may appear at the hearing, but you don’t have to.
The date and time of this hearing may change without further notice, continue to visit this website for Settlement updates.