The family of Robert Simmons, a 34-year-old husband, and father of four, has filed a wrongful death lawsuit against several companies tied to the production and sale of O.P.M.S., a popular kratom brand that has been connected to reports of addiction and multiple deaths.
Robert Simmons, a lifelong Colorado resident, was known as a hardworking family man who took pride in supporting his wife and four young children.
He had been dealing with chronic pain and turned to kratom, a product that he believed to be a natural remedy for his condition. On September 27, 2023, Simmons tragically passed away while at work, collapsing near his truck after consuming O.P.M.S. Silver Super Green Borneo kratom powder, a product Simmons purchased at One Love Smoke Shop in Greeley, CO.
The Weld County Coroner determined the cause of death to be acute mitragynine toxicity, in other words, kratom toxicity. The lawsuit alleges that Simmons, like many others, was misled by the defendants into believing that kratom was a safe and natural product.
The complaint further states that Simmons, unaware of the risks, had purchased and consumed kratom to help manage his chronic pain, trusting the marketing claims that it was an all-natural and effective supplement.
The lawsuit accuses the defendants of deception by failing to disclose adequate information about the safety and risks of kratom, failing to provide adequate warning labels on products, and representing that kratom products are used for medicinal benefits despite kratom not being approved by the U.S. Food & Drug Administration (FDA) for any medical purpose.
“These defendants have deliberately set up a network of shell companies to import, market, and sell kratom to consumers with one goal in mind, financial gain,” said Tamara Spires, an attorney with mctlaw representing the family of Robert Simmons. “This case seeks to expose the dangerous and deceptive business practices used by kratom companies like those behind O.P.M.S. kratom products.”
Kratom has been linked to deaths across the country, and this lawsuit is part of a growing national effort to address the dangers of the product. Despite its widespread use, the FDA has not approved kratom for any medical purposes and has issued import alerts regarding its safety.
The wrongful death lawsuit (Complaint No. 2024CV30847) was filed by Robert Simmons’ widow, Erika Simmons, on September 23, 2024, in Weld County District Court.
Defendants in the case include One Love, Inc. (d/b/a One Love Smoke Shop), Jonah V. Ricke, JOPEN, LLC, Martian Sales, Inc., Johnson Foods, LLC, LP IND. Inc., Olistica Life Sciences Group, FMK Group, LLC (d/b/a Jordan Process), PNW Holdings, LLC (d/b/a Jordan Process), Payton Shea Palaio, and Mark Jennings.
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