Executive Summary
- A judge is reviewing a motion to dismiss a wrongful death suit against YoKratom regarding the death of Vincent Logan.
- The plaintiff alleges negligence in labeling and marketing, citing a lack of warnings on the product packaging.
- Defense attorneys argue the owner is a reseller of raw leaf product and disputes scientific evidence of harm.
- The lawsuit highlights previous FTC warnings sent to the company regarding health claims about opioid withdrawal.
- This is the second wrongful death claim filed against the Myrtle Beach company in 2025.
CONWAY, S.C. — A Circuit Court judge is expected to issue a ruling this week on a motion to dismiss a wrongful death lawsuit filed against a Myrtle Beach-based supplement company, following the 2023 death of a Virginia man who consumed the company’s kratom product.
Shelly Schubert filed the civil complaint against Omni Consumer Products LLC, doing business as YoKratom, and its owner, Ben Harrison. The lawsuit alleges negligence in the marketing and labeling of kratom supplements sold to her son, Vincent Logan. According to court filings, Logan died in August 2023 from a seizure shortly after consuming “Green Maeng Da Kratom” purchased from the company’s website. The complaint asserts that the defendants failed to provide adequate instructions, serving sizes, or warnings regarding potential health risks.
During a hearing on January 6, defense attorneys for YoKratom and Harrison argued for the case’s dismissal. Attorney Jared Bouchette contended that Harrison should not be held personally liable as he did not manufacture the product but rather repackaged bulk orders of raw leaf powder. The defense further argued that the plaintiff is conflating the risks of synthetic kratom products with the “natural leaf” variety sold by YoKratom. Daniel Delnero, representing the company, stated to Circuit Court Judge Benjamin Culbertson that there is “no scientific evidence” supporting claims that the raw kratom product is unsafe.
Plaintiff’s attorney Allie Maples countered that the distinction between product versions is less relevant than the defendants’ conduct regarding marketing and safety warnings. Maples highlighted that the company’s website previously claimed kratom could assist with “heroin and opioid withdrawal,” a marketing strategy she argued may have induced Logan to purchase the product. The lawsuit notes that the U.S. Federal Trade Commission (FTC) sent a cease-and-desist letter to the company in June 2022 regarding its health claims.
The product in question, a 2.2-pound bag of kratom powder, allegedly lacked warning labels or ingredient information, which the plaintiff argues violates Virginia and federal food labeling standards. Following Logan’s death, the cause was determined to be “seizure disorder complicated by mitragynine use,” referring to the primary psychoactive alkaloid in kratom. This is the second wrongful death lawsuit filed against the company in 2025; a separate suit was filed in May regarding the death of a Kansas woman.
Regulatory and Legal Implications
This case highlights the growing legal scrutiny facing the kratom industry, which operates in a complex regulatory environment in the United States. While the FDA has issued warnings about the safety of kratom and its potential for abuse, the substance remains legal at the federal level, though distinct from FDA-approved pharmaceuticals. The outcome of this motion could set a significant precedent regarding the liability of third-party retailers who repackage and distribute bulk supplements, particularly regarding the duty to warn consumers about potential adverse effects associated with “natural” products. It is important to note that the claims raised in the lawsuit are civil allegations and liability has not been established in a court of law.
