A Washington consumer who claims she became addicted to beverage maker Mitra-9's kratom-based seltzers, powders and shots has agreed to drop her lawsuit weeks after the company called the buyer out for claiming to have bought the products before it was even established.

Shelah Palmer voluntarily dismissed her proposed class action lawsuit against Mitra-9 Brands LLC on Monday.

Chiefly, her suit claimed that the company offers no kind of warning on its products, even though the active ingredients — kratom alkaloids mitragynine and 7-hydroxymitragynine — have a similar effect on the brain as morphine, heroin and fentanyl. She is represented by a firm, Bursor & Fisher PA, which is also counsel for a consumer who made similar claims in New York.

In October, the company urged the court to dismiss the suit, arguing that the claims are barred by the statute of limitations and that the suit's assertion it is well known that kratom is addictive was undercut by the claim that the company concealed that fact.

But most notably, Mirta-9 claimed it was incorporated and made its first sales after December 2020, but Palmer claimed she first bought products in 2019.

"Plaintiff cannot support the exercise of specific personal jurisdiction over Mitra-9 because Plaintiff's claims are factually impossible," according to the motion filed on Oct. 21.

Palmer is identified as a "he" in the original complaint, but in the voluntary motion to dismiss the plaintiff is identified as "she."

Palmer is represented by Wright A. Noel of Carson Noel PLLC and Ryan Brooks Martin, Neal J. Deckant and Luke Sironski-White of Bursor & Fisher PA.

Counsel information for Mitra-9 was not immediately available.

The case is Palmer v. Mitra-9 Brands LLC, case number 2:25-cv-00250, in the U.S. District Court for the Eastern District of Washington.