Policy · 2026-02-09
Texas AG Sues Kratom Retailer for Selling Products With 50x the Legal Limit of 7-OH
Source: Texas Office of the Attorney General
Why it matters
The lawsuit is the first major state-level enforcement action against kratom retailers under a consumer protection statute, demonstrating how states with kratom laws are beginning to actively enforce potency limits — not just pass them.
The big picture
Texas enacted the Kratom Consumer Health and Safety Protection Act in 2023, capping 7-OH content at 2% of total alkaloids and banning synthetic additives. For two years the law sat largely unenforced. The Smokey's Paradise lawsuit changes that: laboratory testing found products with 86–96% 7-OH content — up to 50 times the legal maximum — being openly sold at retail locations. The action is part of a broader initiative AG Paxton described as a sweeping crackdown on illegal kratom distribution.
Key findings
- Lab testing confirmed products sold at Smokey's Paradise contained 7-OH at 86–96% of total alkaloid content
- The Texas legal limit for 7-OH is 2%; the tested products exceeded it by up to 48 times
- Texas law also bans synthetic alkaloids, which the defendants allegedly sold alongside the high-potency 7-OH products
- The lawsuit seeks an end to sales, civil penalties, and other relief under the Texas Deceptive Trade Practices Act
- 7-OH at concentrated levels is described in the complaint as more than 20 times stronger than morphine
What they say
"Kratom is addictive and deadly, and I'm suing these companies for knowingly endangering Texans by selling products with nearly 50 times the legal limit of this opioid," said Attorney General Ken Paxton.
Bottom line
Texas is using its 2023 kratom consumer protection law to prosecute retailers selling ultra-high-potency 7-OH products — signaling that state enforcement of kratom laws is now real.