Executive Summary
- Two Springfield stores rebranded from "Vape CBD Kratom Super Store" to "Vape n' Smoke" following a wrongful death lawsuit.
- The lawsuit alleges a customer died of mitragynine intoxication after purchasing products from the vendor.
- The FDA is currently urging the DEA to classify the kratom derivative 7-OH as a Schedule I substance.
- Store employees confirm the cessation of 7-OH sales, though standard kratom remains available.
Two convenience stores in Springfield, Missouri, formerly operating under the name "Vape CBD Kratom Super Store," have rebranded to "Vape n’ Smoke" following a wrongful death lawsuit filed in 2025, which alleges a customer died from mitragynine intoxication after consuming products purchased at the locations.
According to the lawsuit filed by the mother of Breck Brossett, the 38-year-old died on October 9, 2022. The petition states that Brossett’s cause of death was listed as mitragynine intoxication, referring to the active ingredient found in kratom. Toxicology reports cited in the litigation indicate that Brossett had no other illicit or illegal drugs in his system at the time of his death. The plaintiff claims Brossett spent more than $10,000 on kratom products at the defendant's locations between 2021 and 2022.
Sunshine Ventures Inc., identified in Missouri Secretary of State records as the business entity behind the stores, is named as a defendant in the litigation. The lawsuit alleges that the decedent increased his intake frequency due to addiction and tolerance to mitragynine and 7-Hydroxymitragynine (7-OH). 7-OH is a potent chemical alkaloid found in kratom that the Missouri Department of Health and Senior Services has associated with addiction and overdose risks.
Hunter Parker, an employee at the rebranded East Sunshine Street location, stated in a February 17 interview that the business has ceased selling products boasting concentrated 7-OH. Parker noted that store management informed staff of the decision to discontinue the specific derivative, though standard kratom products remain available. The U.S. Food and Drug Administration (FDA) has recently urged the Drug Enforcement Administration to classify 7-OH as a Schedule I substance, with FDA Commissioner Martin Makary stating that the substance is scientifically defined as an opioid.
Attorney Nick Brand, representing the Brossett family, highlighted the lack of consistency in product potency. Brand told reporters that testing on kratom products has revealed massive discrepancies in mitragynine levels, with some samples showing potency 24 times stronger than others, posing significant risks to consumers relying on labeling.
It is important to note that the wrongful death lawsuit represents civil allegations, and liability has not yet been formally established in a court of law.
Regulatory Oversight and Consumer Safety
The rebranding of these local vendors amid litigation underscores the broader challenges facing federal and state regulators regarding the sale of herbal extracts. With the FDA pushing for stricter scheduling of 7-OH and the Missouri Attorney General investigating the sector, the current legal landscape allows for the sale of these substances under general retail licenses without specific safety mandates. This case illustrates the critical gap between current retail practices and emerging toxicology data, highlighting the potential public health risks associated with the unregulated distribution of potent psychoactive compounds.
