{"id":230570,"date":"2026-04-01T18:36:10","date_gmt":"2026-04-01T18:36:10","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-tx\/230570\/"},"modified":"2026-04-01T18:36:10","modified_gmt":"2026-04-01T18:36:10","slug":"kratom-death-suit-against-far-right-influencer-stays-in-austin","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-tx\/230570\/","title":{"rendered":"Kratom death suit against far-right influencer stays in Austin"},"content":{"rendered":"<p><img alt=\"Mike Uchka\u00a0of CaraMax Corp. displays lighted signs in September at the CHAMPS Trade Show in Austin. The three-day business-to-business trade show focuses on the counterculture, smoke shop and cannabis-related industries.\" loading=\"eager\" fetchpriority=\"high\"   style=\"aspect-ratio:3 \/ 2\" class=\"x100 y100 opc bgpc ofcv bgscv block bg-gray200 mnh0px fill\"\/><\/p>\n<p>Mike Uchka\u00a0of CaraMax Corp. displays lighted signs in September at the CHAMPS Trade Show in Austin. The three-day business-to-business trade show focuses on the counterculture, smoke shop and cannabis-related industries.<\/p>\n<p>Jay Janner\/Austin American-Statesman<\/p>\n<p>The trial over a death blamed on <a href=\"https:\/\/www.statesman.com\/story\/news\/crime\/2024\/02\/09\/man-sentenced-for-selling-fentanyl-laced-pill-that-killed-leander-teen\/72537536007\/\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\">largely unregulated supplements<\/a> sold by a company linked to a far-right social media influencer will stay in Austin.<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/cdn-channels-pixel.ex.co\/events\/0012000001fxZm9AAE?integrationType=DEFAULT&amp;template=design%2Farticle%2Fplatypus_two_column.tpl\" alt=\"\" class=\"x1px y1px vh abs\" aria-hidden=\"true\" width=\"1\" height=\"1\"\/><\/p>\n<p>Brave Botanicals, a company that <a href=\"https:\/\/mybravebotanicals.com\/welcome-to-brave-botanicals\/\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\">packages and sells kratom in the city<\/a>, is being sued by the family of Seth Hamilton, a Lubbock resident who allegedly died after using the company\u2019s products.\u00a0<\/p>\n<p class=\"uiTextSmall f aic jcc\">Article continues below this ad<\/p>\n<p>Though it wanted the wrongful death case moved to Bastrop County, state District Court Judge\u00a0Sherine Thomas said there was enough evidence to keep it in Travis County.<\/p>\n<p>The suit says Hamilton died after taking Brave Botanicals\u2019 Green\u00a0Maeng Da, Super Green Dragon and OG Bali <a href=\"https:\/\/www.statesman.com\/news\/article\/thc-vape-ban-texas-law-effect-september-21026304.php\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\">kratom powders.<\/a><\/p>\n<p>Such substances have caused increasing anxiety among researchers, regulators and families of those who\u2019ve become addicted and as overdoses, hospitalizations and deaths have increased. It\u2019s sold at vape shops and gas stations across the country, often marketed as a supplement that can offer relief from pain and anxiety.<\/p>\n<p>\u201cI mean, they call it gas station heroin,\u201d said David Bright, attorney for Hamilton\u2019s mother Jessica Castro, who filed the suit. \u201cIt\u2019s poison.\u201d<\/p>\n<p class=\"uiTextSmall f aic jcc\">Article continues below this ad<\/p>\n<p>The Tarrant County medical examiner said Hamilton\u2019s accidental death was\u00a0due to mitragynine toxicity, one of the active ingredients of kratom.<\/p>\n<p>The products are derived from a Southeast Asian tree that has stimulant properties at low doses but acts as a depressant at high doses.\u00a0<\/p>\n<p>Hamilton\u2019s is one of an increasing number of wrongful death cases filed against\u00a0resellers and marketers of the products.\u00a0His family is suing for breach of implied warranties and strict product liability, alleging Brave Botanicals\u2019 products were defective, lacked warnings, were marketed as safe and weren\u2019t tested.\u00a0<\/p>\n<p>Attorneys for Blush Family Enterprises, which does business as Brave Botanicals, Live Free Now LLC, and owner and social media influencer John David Bush argued in court filings that Hamilton\u2019s own behavior and negligence contributed to his death and that he may have had pre-existing conditions that contributed. Both should mitigate any liability and or damages, they argue.\u00a0<\/p>\n<p class=\"uiTextSmall f aic jcc\">Article continues below this ad<\/p>\n<p>The details of Hamilton\u2019s use of kratom were not listed in court filings.\u00a0<\/p>\n<p>What to know about kratom\u00a0<\/p>\n<p>Kratom in various forms has been consumed for hundreds of years in Southeast Asia and saw a burst of popularity in the past 15 years in the U.S., especially as\u00a0<a href=\"https:\/\/www.statesman.com\/story\/news\/2018\/09\/07\/unintended-targets-how-pain-patients\/6721645007\/\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\">regulators began to lock down access to opiates<\/a> amid an addiction epidemic.<\/p>\n<p>The FDA says 1.7 million Americans aged 12 and older used kratom in 2021 and the number has grown to as many as 15 million today.<\/p>\n<p class=\"uiTextSmall f aic jcc\">Article continues below this ad<\/p>\n<p><img alt=\"Brave Botanicals packaging for one of its kratom products. \u201cImported from Indonesia and packaged with love in Austin, TX,\u201d it says.\" loading=\"lazy\"   style=\"aspect-ratio:1 \/ 1\" class=\"x100 y100 opc bgpc ofcv bgscv block bg-gray200 mnh0px fill\"\/><\/p>\n<p>Brave Botanicals packaging for one of its kratom products. \u201cImported from Indonesia and packaged with love in Austin, TX,\u201d it says.<\/p>\n<p>Court filing<\/p>\n<p>It comes from the evergreen Mitragyna speciosa tree found in, among other countries, Indonesia.\u00a0The FDA says the product is not approved to be used as a drug, not lawfully marketed as a supplement and is unsafe.<\/p>\n<p>\u201c7-OH (one of the active ingredients found in kratom) \u00a0is a potent opioid that poses an emerging public health threat,\u201d the FDA said in a recent report.\u00a0<\/p>\n<p>It has psychoactive properties and can depress respiration much like\u00a0opioids. The FDA has found its effects on the process can be three times stronger than morphine.<\/p>\n<p class=\"uiTextSmall f aic jcc\">Article continues below this ad<\/p>\n<p>The Centers for Disease Control and Prevention said in a report this week that hospitalizations from a single kratom exposure had jumped 1,200% from 2015, from 43 to 538. Serious negative outcomes from its use had also risen from 76 in 2015 to 919 in 2025, with 233 associated deaths among the 7,287 serious medical outcomes through the 10-year period.\u00a0<\/p>\n<p>Many of the hospitalizations and overdoses have been associated with recreational use.\u00a0<\/p>\n<p>The substance is often used in combination with other drugs, making it difficult to link a death to kratom.<\/p>\n<p>It\u2019s especially dangerous because the products sold in the U.S. often have far more 7-hydroxymitragynine than occurs naturally.\u00a0<\/p>\n<p class=\"uiTextSmall f aic jcc\">Article continues below this ad<\/p>\n<p>Texas has passed limited regulations on the product since 2023, prohibiting its sale to minors and restricting the amounts of 7-OH allowed in the products. Attorney General Ken Paxton\u2019s office has sued companies found to be selling the product with excessive amounts of the chemical.\u00a0<\/p>\n<p>Live Free Now<\/p>\n<p>The kratom Hamilton ingested came from Brave Botanicals. The company is\u00a0owned by Bush, a far-right influencer and self-described \u201cradical activist.\u201d The packaging features a cartoon\u00a0version of him, soul patch and all.\u00a0<\/p>\n<p><img alt=\"John David Bush is seen on his \u201cLive Free Now\u201d podcast. A judge has ruled a wrongful death suit against his company Brave Botanicals will be heard in Travis County.\u00a0\" loading=\"lazy\"   style=\"aspect-ratio:16 \/ 9\" class=\"x100 y100 opc bgpc ofcv bgscv block bg-gray200 mnh0px fill\"\/><\/p>\n<p>John David Bush is seen on his \u201cLive Free Now\u201d podcast. A judge has ruled a wrongful death suit against his company Brave Botanicals will be heard in Travis County.\u00a0<\/p>\n<p>Screengrab of Youtube<\/p>\n<p>Bush is a do-your-own-research, extreme limited government, personal-freedom loving kind of guy, according to his website and podcast. His podcast \u201cLive Free Now\u201d is largely focused on tips for removing ones self from modern society. Its description:\u00a0\u201cExit the Beast System and Enter the Private Realm.\u201d\u00a0 \u00a0<\/p>\n<p class=\"uiTextSmall f aic jcc\">Article continues below this ad<\/p>\n<p>Kratom promotion and sales appear central to his ideology.<\/p>\n<p>Self-sufficiency, homesteading and cryptocurrency communities typically aren\u2019t welcoming to law enforcement or other government influence, and Bush has been associated with ideologies like sovereign citizens, a movement that doesn\u2019t accept state and local governments. Participants have at times made their own license plates, ID, taken over other people\u2019s property and had numerous violent altercations with police.\u00a0<\/p>\n<p>Bush, though, has <a href=\"https:\/\/cbsaustin.com\/news\/local\/local-sovereign-citizens-say-police-dont-need-to-fear-them\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\">rejected violenc<\/a>e, according to previous news reports.\u00a0<\/p>\n<p>His attorney argued in court documents that Travis County was not the right place for the trial, as neither Bush nor his companies are housed in the city.\u00a0<\/p>\n<p class=\"uiTextSmall f aic jcc\">Article continues below this ad<\/p>\n<p>Hamilton\u2019s attorney, though, cited the labeling of the products as well as other online representations that state the kratom was imported to Austin and packaged there.<\/p>\n<p>The judge agreed, ruling Monday the case would stay in Travis County.<\/p>\n","protected":false},"excerpt":{"rendered":"Mike Uchka\u00a0of CaraMax Corp. displays lighted signs in September at the CHAMPS Trade Show in Austin. The three-day&hellip;\n","protected":false},"author":2,"featured_media":230571,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[132,134,133],"class_list":{"0":"post-230570","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-austin","8":"tag-austin","9":"tag-austin-headlines","10":"tag-austin-news"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts\/230570","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/comments?post=230570"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts\/230570\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/media\/230571"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/media?parent=230570"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/categories?post=230570"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/tags?post=230570"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}