Feel Free: A Case Study in Ethically Questionable Marketing

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By Victoria Colwell

Initially presented as a safe alcohol alternative, Feel Free Classic has sparked controversy for its addictive potential—and the questionable ways the company has handled it.

Disclaimer: I am not a medical professional, and the information provided is not intended as medical advice. Please consult a healthcare professional and do your own research before taking any dietary supplements.

While on my personal recovery journey, I’ve come to appreciate holistic and non-habit-forming methods of relaxation, such as CBD oil or valerian capsules. It felt particularly timely when I first heard of the web of controversy surrounding the Feel Free Classic tonic, involving what some have called a misrepresentation of its ingredients.

The contrast between implied safety and explicit caution expressed toward this product raises larger questions about labeling loopholes in the supplement industry and the illusion of security often perpetuated in the wellness space.

The Little Blue Bottle

The Feel Free Classic “wellness tonic” was launched in 2020 by Botanic Tonics, a supplement company founded by JW Ross.

Ross cited his own history of alcohol abuse, and travel experiences in Southeast Asia, as inspiration for creating an alcohol alternative using ancient botanicals—namely, kava root and leaf kratom.

The Feel Free line contains a few products, including non-kratom products like Feel Free, Feel Free Kava Mate, and Feel Free capsules. However, the focus of attention and controversy is Feel Free Classic, which primarily contains leaf kratom and kava extract.

Considering the literature on the tonic and its ingredients, including those commissioned by Botanic Tonics, the company’s website continues to paint an incomplete picture of its product’s contents and the extent of its effects.

The Primary Ingredients

Kava

The most emphasized ingredient in Feel Free Classic is kava, extracted from the root native to the Pacific Islands. Known for its sedative and psychoactive properties, it’s been said to show promise as a muscle relaxer, sleep aid, and anxiety reducer. It’s also been suspected to aid cancer patients, though that benefit stands to be further explored.

At the same time, kava, especially used chronically and heavily, can pose health risks, including liver injury, seizures, and vision problems.

Kratom

Kratom is a tropical tree native to Southeast Asia, and a member of the coffee family, the leaves of which have been traditionally used for its stimulant properties. The leaves have long been chewed, smoked, or brewed in tea, though it’s available in different forms including extract and ground powder, which is used in Feel Free Classic.

The main psychoactive components within the leaves are two alkaloids, mitragynine and 7-hydroxymytragynine, the latter of which is known as 7-OH. The alkaloids bind to the opioid receptors in the brain, primarily the mu and kappa receptors. Though some sources refer to kratom as an opioid due to its effect on such receptors, it is not officially classified as one.

The effect of kratom is said to resemble stimulants in lower doses and sedatives in higher doses.

Kava and Kratom Safety

Though both kava and kratom have a long history of ceremonial and recreational uses, their effects are notably different. Additionally, there is uncertainty about the safety of combining these two ingredients. Some sources claim the combination poses unique risks, while others simply state that there is “limited research on the combined safety” of the two ingredients.

The Question of Addiction and Safety

While some say a “minority” of people experience withdrawal to kratom, it’s also been said to cause “psychological and physiological dependence,” though the creation of such may change between the two psychoactive components.

While the addiction risk of kratom is seen as generally low, experts say its correlation to dependence and withdrawal should be further researched. Furthermore, experts in addiction medicine recount treating patients experiencing similar withdrawal from kratom as they had with opioids like Vicodin.

In fact, it’s been observed to help opioid cravings and withdrawal, though that benefit is largely unexplored, specifically in situations where someone is already on an opioid antagonist.

Some reports claim that kratom offers benefits related to pain, fatigue, and mental health issues. However, some rare but serious effects, including kidney issues and tremors, have also been observed. Overall, kratom is not approved to treat any medical condition, and both its benefits and risks are being further studied to draw more concrete conclusions.

In fact, the Food & Drug Administration (FDA) warns people against the use of kratom due to the risk of serious effects like liver toxicity and seizures, and maintains that there is insufficient information to conclude that the substance is safe.

Initial Launch

According to those exposed to the drink in its early days, it was promoted by influencers and podcasters as a “miracle drink that could help people overcome addiction and embrace sobriety.” A Psychology Today article also recites the claim that FF was a “safe, sober, and healthy alternative to alcohol,” supporting the assertion that it was initially marketed to people in recovery.

Though the product was initially restricted to those above 18 and contained a warning that it “may be habit forming,” neither the bottle nor the website has reportedly ever disclosed that it has opioid-like effects.

Many people recount consuming the tonic according to the label, which counts half a bottle as one serving and advises people to consume no more than a bottle in 24 hours. Regardless, they report developing a tolerance to the tonic’s effects and gradually increasing their usage, eventually consuming on a daily basis many times more than the recommended dosage.

Like that of its main ingredients, people report a wide range of reactions to the beverage. Some equate it to a nicotine buzz, while a user who had recovered from several hard drugs recall the tonic’s effects as “like nothing [they’d] ever taken” and theorizes that only “a small percentage” of people can control their usage.

The Clinical Study & the Labeling Question

A point of contention surrounding the beverage is in its labeling, which does not explicitly list the amounts of its two main ingredients. However, some report that the product was initially labeled as containing 1,700 mg of kava extract and 3,500 mg of leaf kratom. Today, the nutrition label only discloses the amount of the psychoactive components of each ingredient—namely, the kavalactones and alkaloids, respectively.

Psychoactive components per serving of F.F.C. (1 oz per serving, 2 servings per bottle):

Total kavalactonesTotal alkaloids
260 mg34 mg
 Mitragynine: 20 mg
 7-hydroxymitragynine: 0.05 mg
 Remaining unnamed alkaloids: 13.95 mg

In a whole 2 oz. bottle of F.F.C., this would presumably translate to:

Total kavalactonesTotal alkaloids
520 mg68 mg
 Mitragynine: 40 mg
 7-hydroxymitragynine: 0.1 mg
 Remaining unnamed alkaloids:  27.9 mg

Table showing the amounts of the whole ingredients and psychoactive components in a 1 oz. serving of Feel Free Classic.

Additional clarity is shed by a clinical study linked on Botanic Tonic’s website. The study, commissioned by the company and conducted by NutraSource, recorded the results of healthy adults taking increasingly higher doses of the tonic. Though I could not find a listed sample size, the study concludes that there is a relatively low risk for withdrawal. At the same time, the researchers acknowledge the ingredient’s effects on the opioid receptors and that this can cause dependence and withdrawal. The linked study is the closest that the company comes to acknowledging kratom’s effect on the brain, since that fact is not disclosed on the website itself.

Considering the amounts disclosed in the study, it is reasonable to conclude that each 2-ounce bottle of F.F.C. contains roughly 1,640 mg (1.64 g) of kava extract, and 3,360 mg (3.36 g) of leaf kratom—containing roughly 505.2 mg of kavalactones and 50.05 mg of the two alkaloids, respectively. Therefore, when considering the amounts of the whole ingredients instead of purely the psychoactive components, it appears that the tonic contains more kratom than kava.

However, the clinical study does not acknowledge the remaining unnamed alkaloids mentioned on the F.F.C. nutrition label, which are presumably also present in the F.F.C. given to the test subjects, leaving the total amount of alkaloids unknown.

Amounts of whole ingredients and psychoactive components in 2 oz. bottle of F.F.C. according to clinical study:

Total kava root extract:Total dried kratom leaf powder:
1640 mg (1.64 g)3360 mg (3.36 g)
Total kavalactones:Total alkaloids: unknown
505.2 mg       – mitragynine: 50 mg
 7-hydroxymitragynine: >0.05 mg
 Remaining unnamed alkaloids (presumed): unknown

Table showing the amounts of the whole ingredients and psychoactive components in a 2 oz. bottle of Feel Free Classic.

Botanic Tonics Class-Action Lawsuit

These experiences of addiction cumulated in the class-action lawsuit Torres vs. Botanic Tonics, LLC et. al, filed in March 2023. The plaintiff, Romulo Torres, a recovering alcoholic, discovered Feel Free, promoted as a “safe, sober, and healthy alternative to alcohol.” The lawsuit filing states that the company’s advertising campaign included paying influencers to claim the product could help people stay sober, supporting the claim that the product’s target audience included those recovering from addiction.

Though the filing rightfully quotes the Drug Enforcement Agency (DEA) in calling kratom a drug or chemical of concern, they incorrectly label it as an opioid, which it technically is not. However, the suit also quotes the FDA Commissioner Scott Gottlieb, MD,  who stated “we feel confident calling the compounds in kratom opioids.”

Regardless of the ingredients’ classification, the filing tells a painful story of relapse. Torres, then six years sober from alcohol, purchased Feel Free under the guise of it being a safe sobriety aid. The suit claims that at the time, there was absolutely no acknowledgment of the product containing kratom, let alone its side effects or dependence liability, despite it being the tonic’s primary active ingredient.

Within three months, Torres was consuming up to ten a day, and “experiencing withdrawal when he attempted to quit.” To cope with the withdrawal, he ultimately reverted to alcohol, undermining his decade of recovery.

The filing recounts an April 2022 emergency room visit in which Torres presented with signs of alcohol poisoning. However, he tested negative for alcohol—“all he had taken was Feel Free.”

The suit claims that Torres was far from alone in his experience, as many others reported experiencing “similar claims, symptoms, and setbacks.”

False Equivalents

The suit also quoted marketing materials of the time, claiming the drink had no side effects, and equating it to sugar or caffeine. The full statement, quoted in the filing as contained in marketing materials, reads:

“As an ingredient in tea or Botanic Tonics’ Feel Free Wellness Tonic, kava isn’t addictive. But it’s important to remember that anything that helps you feel good can influence some level of dependence. Think sugar or caffeine. Many of us enjoy these substances every day. You may enjoy the sweetness that sugar adds to your favorite drinks or desserts. You may love the way caffeine wakes you up in the morning. And you may find that you love how Feel Free Wellness Tonic makes you feel at the end of a long week. That feeling of bliss and relaxation can be a powerful one! Just like sugar or caffeine, you can get the most out of Botanic Tonics’ Feel Free Wellness Tonic when you enjoy it in moderation.”

The statement closely echoes that given by the company’s founder JW Ross in a clip of his interview with the Back to Your Story podcast, published on its channel in May 2023. In the video, a clip of the episode titled, “Is Feel Free Addictive?” Ross states:

“The one question that I get the most is, ‘Is it addictive?’ and, um, my response is, and I’ve always thought this, is that anything that makes you feel good can be habit-forming, whether that’s sugar, sex, whatever. You can—and some people are gonna overindulge. Um, that’s not really the question I think that you should ask. The question you should ask is, ‘If I consume this on a regular basis, is it gonna hurt me?’ Because if you find something that makes you feel good, you’re gonna consume it on a regular basis… And we’ve not seen any data that would say that it’s, you know– unless [you] just go crazy on it, which, you know, you can OD on water if you wanna [have] too much… As long as you, you know, keep it in check, then we’ve not seen any issues.”

Ross’s answer to this question, like the marketing materials for F.F.C., omits the opioid-like effects of its ingredients. This wording also fails to acknowledge how the inherently addictive qualities of the tonic’s ingredients can gradually create a tolerance and dependence, as supported by customer testimony relayed by CBS, Psychology Today, and South Carolina Public Radio. Additionally, phrases like “keep it in check” and “overindulge” create, in my opinion, a false equivalence with things that are objectively less chemically addictive, like sugar and water.

Lawsuit Resolution

Ultimately, Torres served as the face of others who felt deceived by the marketing of F.F.C. in the class-action lawsuit Torres vs. Botanic Tonics, LLC et. al.7-Eleven was also named in the lawsuit on claims of Unfair and Fraudulent Business Acts and Practices, Breach of Implied Warranty of Merchantability, and Unjust Enrichment. Botanic Tonics was also individually alleged to have committed False Advertising and  Common Law Fraud.

The case was ultimately settled for $8.75 million.

Updated Marketing Tactics

In response to the class-action lawsuit, Botanic Tonics has stated that they “failed to meet the high standards of transparency that they now champion” and that they have “changed their marketing strategy, but not as a response to the lawsuit filing.”

Though they appear to admit wrongdoing, a spokesperson for the company also labeled consumers’ stories of addiction and news stories recounting them as “misleading” and “sensationalized” because they have not received direct reports of addiction.

This is especially curious considering the comparative emphasis placed on each ingredient in the product listing on the company’s website. From the top to bottom of the listing page, I counted nineteen mentions of kava—compared to six mentions of kratom.

The mentions of kava include an overlay inviting the user to “learn more about kava.” You must click on the link to open the fact sheet, which you must scroll to the bottom of to see links to pages about the “other ingredients,” including kratom. That link will then lead you to a separate “Kratom 101” fact sheet, which you can also access through the “Learn” tab in the header, by clicking on either “Our ingredients” or “Education.” However, the link to this kratom fact sheet is not available on the F.F.C. product listing itself.

In addition, the tonic is still described as a “kava beverage” containing kava and “other ancient botanicals,” echoing the wording quoted in the class-action.

One could argue that the difference in emphasis is due to F.F.C. containing more kavalactones than alkaloids. Though this difference in the amount of psychoactive components is true, the clinical study strongly implies that the product contains more leaf kratom than kava extract.

Part of the steps Botanic Tonics claims to have taken toward transparency include an updated warning label, which includes:

“This product contains leaf kratom which, like caffeine and alcohol, can become habit-forming and harmful to your health if consumed irresponsibly. Consider avoiding any potentially habit-forming substances if you have a history of substance abuse. If consumed in recommended quantities, Feel Free Classic has not been shown to cause any serious physical or social harm.”

The company reiterated their focus on deterring those with substance abuse issues in a statement to CBS News, saying it’s “so important for us to focus on informing people who have issues with substance abuse that it isn’t for them.”

The retroactive warning specifically directed to those “with a history of substance abuse” seems to fly in the face of the product’s initial claims of being a “safe, sober, and healthy alcohol alternative,” as well as JW Ross’s mentions of his own alcohol abuse in recounting the origins of the product. The warning also continues to exclude acknowledgment of kratom’s effects on opioid receptors.

In my opinion, the emphasis on responsible consumption and the comparison to caffeine and alcohol continues to downplay the effects of kratom, as well as its capacity to cause dependence and withdrawal even when consumed responsibly, as alleged in customer testimony.

Furthermore, Timmen Cermak, a psychiatrist specializing in addiction medicine, criticized the use of the word “habit” in the warning. He says that alcohol and kratom addiction differ greatly from a habit, adding that the use of the word “softens the reality of addiction and dependence.” He also recounts giving this feedback directly to JW Ross, who responded that there was not enough room on the bottle to include the adjustments.

He goes on to state that the company is “not protecting the public as much as they should” and cautions consumers to beware of drinks containing kratom.

In my opinion, while the tonic’s marketing materials now disclose the inclusion of kratom, its emphasis in comparison to kava and the arguably softening language with which it’s acknowledged suggest a continued effort to downplay its effects and risks. One could also say the more detailed warning has come much too late, considering many consumers claim to have been addicted long before the adjustment was made.

Questionable Degree of Disclosure

In addition to the material specific to Feel Free Classic, Botanic Tonics has also made questionable choices in representing kratom’s safety. In an overhead banner currently present throughout their website, the company claims that the FDA has “reaffirmed the safety of leaf kratom.”

This banner links to a page where they emphatically distinguish leaf kratom from concentrated versions of its psychoactive components—namely, 7-OH, the products of which are largely synthetic.

The page also provides a video published to feel free’s YouTube channel, which contains a heavily edited compilation of moments from various press conferences and media appearances. The footage includes officials making statements such as, “there is a night and day difference in terms of public health concern” between leaf kratom and concentrated 7-OH products. They also clarify that they are not “going after” kratom as a whole, though they acknowledge that physicians have raised “minor” concerns about leaf kratom’s safety.

While concentrated 7-OH is objectively more potent and has a higher addiction potential than natural leaf kratom, paraphrasing the FDA’s statement as “reaffirming leaf kratom’s safety” is generous considering the complete body of work published by the FDA about kratom.

While sources have stated that both the risks and benefits of kratom should be further studied, there are generally not many concrete conclusions about either. The FDA, in particular, has stated its intent to “educate the public about the health concerns of 7-OH and its distinction from the kratom plant leaf.”

However, they have also warned about kratom’s possible dangers, including risks for “liver toxicity, seizures, and substance use disorder,” without distinguishing between the two. Furthermore, they describe the substance as a “dietary ingredient for which there is inadequate information to provide reasonable assurance that such ingredient does not present a significant or unreasonable risk of illness or injury…”

Therefore, I personally deem Botanic Tonics’ characterization of the FDA’s comments as heavy-handed and overly generous, even considering the compilation video they provided to support their claims.

The Classification

In August 2016, the DEA announced its intent to classify kratom as a controlled substance “to avoid an imminent hazard to public safety.” However, due to backlash from kratom supporters, as well as healthcare professionals and researchers, the DEA eventually withdrew its intent.

FDA Supplement Regulation

Considering the false impression many customers say they were under when first consuming this product, it’s beyond curious why it was able to be marketed as such. This raises a broader discussion about the distinct labeling requirements for dietary supplements versus pharmaceuticals.

Supplements may contain one of three types of claims: a health claim, a nutrition claim, or a structure/function claim.

The FDA does not require supplements to be proven safe before they are released to market, unless they make specific health or nutrition claims related to a particular disease, which requires drug-level approval. Once the supplement has been released, the FDA must demonstrate its lack of safety in order to restrict access to the product.

In contrast, structure/function claims, which involve the effect of the supplement on the body, can be made without FDA approval. However, the labeling must not mention a specific disease and must disclose that the FDA has not evaluated the claims.

These discrepancies in FDA regulation and the story of Feel Free emphasize the fallacies that exist in the wellness space, where words like “natural” and “plant-based” are assumingly used to disarm customers into a false sense of security.

A Word of Caution

Considering the allegations that Botanic Tonics targeted college students and those in recovery in the marketing of its Feel Free Classic tonic, I find their actions morally and ethically questionable, to say the least. Based on my research, it appears that the company exploited people’s desire for a better life for its own monetary gain, which I find especially disappointing as someone on my own recovery journey.

Despite what one could call a history of concealed danger, and even after a class-action lawsuit, the company behind F.F.C. continues, in my opinion, to maintain an illusion of implied safety through its advertising and web design choices.

In addition, it continues to paint a sugar-coated picture of kratom in general through what I see as a misinterpretation of the literature on the topic, and omission of its effects in the labeling of F.F.C.

Considering the grey areas and loopholes that allow discrepancies in supplement labeling, it’s critical to personally investigate the effects and risks of ingredients. I would hope to see reform in the regulation of supplements, such as mandatory disclosure of psychoactive components and their capacity to create tolerance and dependence.  

Steps Consumers Can Take to Protect Themselves:

  • Read labels thoroughly: research any unfamiliar ingredients and note if any ingredients are unaccounted for in the listed amounts
  • Search for third-party verification or scientific studies on the supplement and/or its ingredients
  • Seek out independent customer reviews, and verify their distinction from paid promotions
  • Check for disclosures of any possible side effects
  • Look out for wellness buzzwords like “natural” and “plant-based,” which can be used to create a false sense of security
  • Be familiar with the different types of claims that can be made. If any claims have been made, verify whether the FDA has evaluated them.

Ethical storytelling is critical in both preserving the sobriety of those in recovery and protecting other consumers from unknowingly becoming dependent on a substance. As someone attempting to rebuild their life through sobriety and exploring non-habit-forming aids, I personally understand the importance of full disclosure and how its absence can affect vulnerable people. I also believe that forthcoming advertising should be more than a moral obligation, but a legal one. For now, it seems that personal vigilance and marketing literacy may be the most instrumental tools for consumers to protect themselves.

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