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Class Action Lawsuit - Botanic Tonics - Feel Free

The Kap'n

The Groggy Kaptain (40g)
KavaForums Founder
Botanic Tonics, a company that sold a product called "Feel Free," has been accused of falsely advertising their beverage as a safe and healthy alternative to alcohol, claiming it to be a "Kava" drink. Kava is a plant from the South Pacific known for its mild relaxing effects. However, the primary ingredient in Feel Free was not Kava, but K@, a plant with opioid properties with a high potential for addiction and significant side effects. The company targeted vulnerable individuals, such as those recovering from addiction, and misrepresented the product's safety.

The FDA has warned against the use of K@, as it can lead to addiction and carries risks similar to controlled narcotics. The DEA has also categorized K@ as a Drug and Chemical of Concern. Addiction rehabilitation centers in California include K@ in the list of harmful substances they treat patients for, using methods similar to those employed for opioid addiction.

Plaintiff Romulo Torres, a recovering alcoholic, claims that Botanic Tonics' targeted marketing led him to try Feel Free, believing it was a safe, healthy, and sober alternative to alcohol. After using the product, Torres developed a strong addiction and eventually relapsed, suffering severe health consequences. He alleges that the company never disclosed the amount or concentration of K@ in Feel Free, or the potential for significant side effects.

The lawsuit also implicates 7-Eleven, which partnered with Botanic Tonics to stock and sell Feel Free in their stores, thereby expanding the market and increasing profits for both companies.

Torres is bringing this action against Botanic Tonics and 7-Eleven, individually and on behalf of others similarly situated, asserting claims under the California Unfair Competition Law, California False Advertising Law, common law fraud, breach of the implied warranty of merchantability, and unjust enrichment. He seeks restitution, disgorgement, equitable relief, costs and expenses of litigation, punitive damages, and any other relief the Court deems appropriate and just.

If you or someone you know has been harmed by Botanic Tonics' product due to the alleged false advertising of its contents, we encourage you to follow the developments of the lawsuit closely. You may be eligible for compensation as a member of the class action suit.



Law ContactAlternate Contact
Robert S. Arns, State Bar No. 65071 ([email protected])
Jonathan E. Davis, State Bar No. 191346 ([email protected])
Shounak S. Dharap, State Bar No. 311557 ([email protected])
Katherine A. Rabago, State Bar No. 333374 ([email protected])
ARNS DAVIS LAW
515 Folsom St., 3rd Floor
San Francisco, CA 94109
Tel: (415) 495-7800
Fax: (415) 495-7888
Anthony L. Label, State Bar No. 205920 ([email protected])
Theo Emison, State Bar No. 209183 ([email protected])
Steven A. Kronenberg, State Bar No. 215541 ([email protected])
Jacqueline K. Oh, State Bar No.286089 ([email protected])
THE VEEN FIRM, P.C.
20 Haight Street
San Francisco, CA 94102
Tel: (415) 673-4800
Fax: (415) 771-5845
 

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Manga Ono Kava

Kava Vendor
That is just terrible! Did they think they could get away with this? What people would do for a buck and not even think of the potential damage this would do to people really trying to get over different forms of addiction. Shame on 7-11!
 

The Kap'n

The Groggy Kaptain (40g)
KavaForums Founder
Did they think they could get away with this?
In essence, they've gotten away with it already. The part that got me more than anything was how they were handing out samples at colleges and school sanctioned sports events. There's something rotten with this all the way to the core.
 

Alia

'Awa Grower/Collector
This is extremely interesting from a legal perspective.
Download the Suit and see that "Kava" is mentioned 45 times.
In a very postive way... and quotes World Health
Organization positive statement regarding kava!
IF this class action suit gets off the ground and national
news sources get ahold of it, this could be very good for kava.
Note- they bring in social media responses with numerous
comments about this product. As I write this I want to makes clear
that I mean-- it could be good for kava as our friend, aqueous,
traditional kava of noble cultivars...not kava with the other K word.
If this is successful, the folks that make this "Feel Free" WILL
be held accountable.
 
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