Nitrous Oxide Canister Companies, Smoke Shops Sued Over Allegedly Illegal Sale of Addictive Whippets

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A proposed class action lawsuit has been filed against several manufacturers and smoke shops over their allegedly illegal sale of nitrous oxide canisters and accessories for recreational use.

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According to the 24-page lawsuit, nitrous oxide is a popular but dangerous drug that is inhaled recreationally for its dissociative and euphoric effects. The class action lawsuit was filed by a representative of the estate of a deceased Florida woman who reportedly passed away in 2024 after becoming addicted to the gas tanks—often referred to as laughing gas, whippets, whip-its or whippits.

The suit accuses several manufacturers of enticing minors into buying nitrous oxide tanks using colorful canister designs, flavors like “cotton candy” or “blue raspberry,” and misleading social media marketing campaigns. These defendants include Galaxy Gas, United Brands, Monster Gas, Baking Bad and the companies behind Looper Whip and Cosmic Gas.

“[The] Manufacturer Defendants’ plan was to portray [nitrous oxide products] as cool and safe, with a particular emphasis on appealing to minors, while misrepresenting or omitting key facts concerning [nitrous oxide products’] addictiveness, and significant risks of substantial physical injury and death from using these products,” the filing contends.

The defendants’ marketing and sale of nitrous oxide canisters has resulted in a “veritable public health crisis,” the lawsuit claims. Per the suit, the recreational use of nitrous oxide is associated with a range of debilitating symptoms, including headaches, lightheadedness, palpitations, loss of consciousness, dementia, paralysis and asphyxiation that leads to brain damage or death.

The complaint also alleges the defendants have falsely marketed nitrous oxide canisters, which can be used to make whipped cream, as intended to be sold for culinary use.

Per the filing, a spokesperson for Galaxy Gas stated that its distribution of large-volume nitrous oxide products, some exceeding one liter of the gas that could provide thousands of servings of whipped cream, were to be used as an “erotic culinary lubricant.” The complaint notes that it is a felony under Florida law to knowingly distribute or sell more than 16 grams of nitrous oxide.

“Most importantly, [nitrous oxide products] are distributed through smoke shops, such as Smoke Shop Defendants, rather than restaurant supply stores, betraying Manufacturer Defendants’ true intent in marketing these items for inhalation and use as a recreational drug, rather than cooking,” the case contends. “It cannot be argued that the sale of [nitrous oxide products] through smoke shops is for culinary purposes.”

The lawsuit looks to represent anyone in the United States who purchased products manufactured by the defendants and containing nitrous oxide from smoke shops, meaning retailers whose main purpose is the sale of smoking and/or tobacco products such as cigars, pipe tobacco and smoking accessories for off-premises consumption at a retail establishment that may devote a majority of its total floor area to smoking, drug and/or tobacco paraphernalia including electronic cigarettes, electronic vapor devices and nitrous oxide products.

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