Greeley, CO — The sudden death of Robert Simmons, a 34-year-old Colorado man, has led to a wrongful death lawsuit against various entities involved in the production and distribution of a kratom product, O.P.M.S., which his family claims was responsible for his demise. Simmons, a father of four and an earnest family provider, died unexpectedly at his workplace on September 27, 2023, shortly after using a kratom powder known as O.P.M.S. Silver Super Green Borneo.
Simmons, who had long suffered from chronic pain, believed he had found relief in kratom, a substance marketed as a natural remedy. However, his trust in the product’s safety has been called into question by the lawsuit filed by his wife, Erika Simmons. The legal action, which was initiated on September 23, 2024, in Weld County District Court, implicates several companies, including the retail outlet where Simmons purchased the kratom, One Love Smoke Shop.
The involved defendants are broadly spread across various sectors associated with the kratom market. They include One Love, Inc., operating under One Love Smoke Shop, along with individuals and entities like Jonah V. Ricke, JOPEN, LLC, Martian Sales, Inc., and Johnson Foods, LLC. Others listed are LP IND. Inc., Olistica Life Sciences Group, FMK Group, LLC, which does business as Jordan Process, and PNW Holdings, LLC, also known under Jordan Process, in addition to Payton Shea Palaio, and Mark Jennings.
Attorney Tamara Spires, representing the Simmons family, criticized the kratom industry for endangering consumers. “These defendants have set up complex corporate layers essentially to profit at the expense of public safety,” Spires argued, emphasizing the lawsuit’s intention to challenge deceptive practices in the marketing and sale of kratom.
Kratom, derived from a plant native to Southeast Asia, remains controversial in the medical and regulatory landscape of the United States. It is not approved by the Food and Drug Administration (FDA) for any medical uses, and the agency has repeatedly issued warnings about its safety, citing concerns over toxicity and potential for abuse.
The FDA’s stance aligns with growing concerns among health advocacy groups and professionals about the risks associated with kratom consumption, which includes potential for addiction and serious health repercussions. The lawsuit highlights these risks, stirring a broader discussion about the safety and regulation of not only kratom but other similarly marketed natural remedies.
This case in Weld County adds to the mounting legal pressures faced by kratom distributors across the nation. As such lawsuits gain prominence, they amplify the scrutiny on the herbal supplement industry’s accountability and the stringent need for clearer regulatory guidelines.
Legal experts suggest this case could set a significant precedent for how natural supplements are marketed and sold in the U.S., potentially spurring legislative and regulatory changes to better safeguard consumers against unverified and potentially harmful products.
As the legal proceedings advance, the Simmons family hopes not only for justice in the tragic loss of Robert but also to ignite a vital discourse on consumer safety in the growing but largely unchecked market of herbal supplements. The outcome of this lawsuit might very well influence the broader industry practices, shaping future regulatory frameworks to prevent such incidents.