Nitrous Oxide Lawsuits | July 2025 Update
Individuals who have been injured by the recreational use of nitrous oxide (N2O) products are filing lawsuits against N2O canister manufacturers. Although the gas is manufactured and sold for legitimate purposes, these lawsuits allege that some manufacturers knowingly design and advertise their nitrous oxide products for recreational use. Nitrous oxide inhalation can be addictive, eliciting a short but intense high in users. It can also cause brain damage, nerve damage, cardiovascular issues, and even death.
On this page, we are tracking recent developments in nitrous oxide lawsuits, resources detailing the risks of recreational use, and what to do if you or a loved one has been harmed by N2O.
Nitrous Oxide Addiction Lawsuit News – July 2025
July 8, 2025: New Study Highlights Burn Danger for N2O Users
A new study published in the journal Burn investigated cutaneous cold injuries (frostbite) linked to nitrous oxide use. The researchers focused on patients at the Burns Centre at Wythenshawe Hospital in the United Kingdom. These patients had burns from coming in contact with nitrous oxide canisters. About 75% of patients studied were between 15 and 24 years old, signaling the popularity of nitrous oxide among young people. The researchers suggested that better education is needed to warn people of the dangers of using nitrous oxide recreationally.
June 16, 2025: The FDA Updates Its Advisory On Nitrous Oxide Products
After issuing a health alert earlier in the year, the FDA releases an update underscoring the health risks of recreational N02 use. The update includes a list of symptoms associated with usage, including blood clots, frostbite, and paralysis, and notes that prolonged use can lead to persistent symptoms even when someone stops using nitrous. The release also added brands to its list of products of concern, including: Baking Bad, Cosmic Gas, Galaxy Gas, Miami Magic, and Whip-It!.
June 13, 2025: New Oregon Law Places Age Restrictions On Nitrous Oxide
Gov. Tina Kotek signs House Bill 3447, which requires a person to be 18 years or older to buy nitrous oxide. The restrictions apply to both in-person and online sales. The bill is set to take effect Jan. 1, 2026.
May 22, 2025: Woman Paralyzed By N2O Use Says Chemical Was Easily Accessible
Rachel Kelly tells People magazine she suffered partial paralysis after spending over $220 a day on nitrous oxide canisters. She claims she was able to easily obtain the canisters from a local convenience store. Kelly’s early symptoms, including numbness and difficulty walking, were misidentified as muscle spasms by emergency room staff.
April 10, 2025: CDC Study Finds Rising Rates Of Nitrous Oxide Abuse In Michigan
A report released by the CDC observed a four-to-five times increase in exposures, emergency department visits, and EMS responses in Michigan related to nitrous oxide in 2023 compared to 2019. Due to a lack of reliable screening processes, the report notes that these incidents are likely undercounted. Patients who had recently inhaled nitrous oxide most commonly presented with tachycardia (rapid heartbeat), miscellaneous neurological symptoms, and numbness.
February 6, 2025: Florida Family Files Lawsuit On Behalf Of Deceased Daughter
The family of Meg Caldwell files a nitrous oxide lawsuit in Orange County, Florida, alleging that defendants, including nitrous oxide company Galaxy Gas, exploited a culinary loophole to sell N2O to customers as an inhalant. The family claims Caldwell died after a year of frequent nitrous oxide inhalation. Dial v. Fuego Smoke & Vape, LLC is still in progress.
March 14, 2025: FDA Warns Consumers Against Recreational Use Of Flavored Nitrous Oxide
Noting an increase in reports of adverse effects from nitrous oxide inhalation, the FDA issues a health warning to consumers. The warning names 12 nitrous oxide brands.
March 5, 2025: Minnesota House Considers Ban On Flavored Nitrous Oxide Products
A Minnesota House proposal would ban the direct retail sale of flavored nitrous oxide to consumers within the state. Citing the N2O’s legal availability and conspicuous marketing, the bill’s sponsor, Rep. Elliot Engen, claims the products are being blatantly marketed for recreational use.
March 13, 2024: Michigan Bans Whippet Crackers For Recreational Use
Senate Bill 57 is signed into law by Gov. Gretchen Whitmer. The bill classifies objects used to inhale nitrous oxide, sometimes referred to colloquially as whippets, for recreational inhalation as drug paraphernalia. The reclassification allows the state to ban the sale of such items in cases where they clearly are not being used for culinary or medical purposes.
September 11, 2023: Missouri Jury Holds Manufacturer, Smoke Shop Liable For Car Crash Death
A jury awarded the family of Marissa Politte $745 million after she was struck by a car driven by Trenton Geiger, who had passed out at the wheel from whippet usage. The jury found United Brands Product Design, which distributes Whip-It! Brand nitrous oxide canisters, 70% liable in Politte’s death.
December 21, 2021: Parents Of Son Who Died N2O Asphyxiation In Hazing Ritual Settle Lawsuit
Kathleen and Wade Wiant reach a settlement in the hazing death of their son Collin at a home in Athens. Collin was forced to take multiple legal and illegal drugs during a hazing ritual, including nitrous oxide, which led to his death by asphyxiation.
About the Nitrous Oxide Lawsuit
What Are the Allegations in Nitrous Oxide Lawsuits?
What Do Manufacturers Say Their Nitrous Oxide Products Are Used For?
What Are the Bad Side Effects of Nitrous Oxide?
Who Qualifies to File a Nitrous Oxide Lawsuit?
Are People Filing Lawsuits Against Nitrous Oxide Makers?
About Nitrous Oxide Lawsuit Settlements
How a Lawyer Can Help People Harmed by Nitrous Oxide
What Are the Allegations in Nitrous Oxide Lawsuits?
The allegations in nitrous oxide lawsuits fall into several categories. Lawyers and plaintiffs argue that many companies design and market their nitrous oxide products to be inhaled and used recreationally. Additionally, these companies do not properly warn consumers of the dangers of nitrous oxide misuse.
Because nitrous oxide, sometimes referred to as “laughing gas,” has legitimate culinary and medical uses, nitrous oxide canisters are readily available and minimally regulated in much of the United States. However, the design, labeling, distribution, and marketing of many products do not align with legitimate uses.
For example, some nitrous oxide products come in flavors like bubble gum, Sonic Sour, or cotton candy. These chargers are allegedly sold to make whipped cream. However, there is not a large consumer demand to make such whipped cream flavors. Instead, these nitrous oxide products are often sold at smoke shops, vape shops, and gas stations, not at culinary product distributors.
Many victims and advocates allege these companies know people are huffing their products to achieve a high. Yet, these companies have not changed their marketing techniques or label warnings.
Allegations listed in lawsuits against nitrous oxide companies include:
- Design defects: These are physical properties that suggest the products are not designed for their advertised purposes.
- Failure to warn: This is the lack of disclosure, or obfuscation, of the risks of using the product recreationally.
- Negligence: This is a failure to exercise reasonable care in the creation, distribution, and advertising of the product.
- Breach of warranty: This allegation can be either implicit or explicit and accuses the defendant of selling a product that is not safe for its intended use.
- Fraudulent concealment: This is a pattern of using false or misleading statements or omissions to adequately disclose the risks of using the product.
Allegation Highlight: Failure to Warn
Nitrous oxide is a well-studied substance. Recreational use of N2O carries risks nitrous oxide companies should be well-aware of, including neurological and pulmonary injuries. Lawsuits, such as those filed against Galaxy Gas, allege that these companies failed to adequately warn consumers of the risks of inhaling these products.
Allegation Highlight: Negligence
Nitrous oxide is a product that carries serious risks if inappropriately designed, manufactured, distributed, or advertised. Negligence alleges that N2O companies did not exercise reasonable care in one or more stages of the product’s life cycle, increasing the likelihood that the product would cause injury or addiction.
Is There a Class Action Lawsuit For People Harmed by Nitrous Oxide?
There is currently a class action lawsuit for people harmed by Galaxy Gas, a nitrous oxide brand made by SBK International, LLC. The lawsuit alleges that Galaxy Gas is designed to be misused, with inadequate warnings about the dangers of misuse.
Mass action against nitrous oxide companies is a relatively recent phenomenon. While this class action lawsuit is specifically for individuals harmed by Galaxy Gas, it is possible that other class actions could be formed against other companies, or that a multidistrict lawsuit could also be created. Many individuals harmed by nitrous could experience greater benefits by joining an eventual multidistrict litigation against nitrous oxide makers.
About Nitrous Oxide
Nitrous oxide is a gas that is often used as an inhalant. When inhaled, it can cause a brief but intense high that causes feelings of euphoria, disorientation, and reduced pain sensitivity. Nitrous oxide is also used in medicine and dentistry as a sedative, but it is used in smaller and safer amounts than are typical in recreational usage. It is also used in culinary processes to aerate sauces, foams, creams, and batters, often through whipped cream canisters.
The recreational use of nitrous oxide is not new. It dates back to the 19th century. However, instances of N2O-induced injuries have been on the rise over the past decade. The availability and marketing of flavored nitrous oxide canisters are emerging as a likely culprit for the drug’s popularity among young people.
Other Names for Nitrous Oxide
Nitrous oxide goes by many different street names, including:
- Laughing gas
- Nitrous
- NOS
- Whippets (sometimes spelled whippits or Whip-Its!)
- Hippy crack
- Buzz bombs
- Balloons
- Nitro
- Nangs
- Chargers
- Galaxy gas
- Whipped cream canisters/cream/hot whip
- Cannies
- Dusters
- Nangs
- Nawz
What Are the Euphoric Effects of Nitrous Oxide?
Nitrous oxide produces powerful but short-lived euphoric effects when inhaled. Users may experience feelings of:
- Calmness
- Relaxation
- Happiness
- Giddiness
- Euphoria
- Light-headedness
- Tingling in arms and legs
- Heaviness or sinking
How Do People Misuse Nitrous Oxide?
Nitrous oxide is easy to misuse, especially in the quantities and concentrations that flavored canisters are sold in. Users may employ balloons as intermediate containers for the gas, which they then inhale from the balloons. Some users may inhale directly from the canister, which carries additional risks of injury due to pressure and cold temperatures. The short-lived high of nitrous oxide and the number of charges in a canister make frequent dosing easy.
Where Can People Get Nitrous Oxide Cartridges or Canisters?
Nitrous oxide is easily obtained in most states. A few states have age restrictions, but many minors are able to obtain nitrous oxide for recreational use. Flavored canisters and cartridges are easily found at online retailers like Amazon and in-person retailers like gas stations, convenience stores, and smoke shops. Regulation, where it exists, varies greatly between states. Louisiana, which has some of the strictest nitrous oxide laws, bans public retail sales of the gas without licensed usage. Other states, like New York and Oregon, have age restrictions on the retail purchase of N2O. Some brands of nitrous oxide sell crackers or chargers that seem to be designed to inhale their products, as opposed to using the products for culinary purposes. These products can be easily obtained online, at major retailers, or at local shops.
What Do Manufacturers Say Their Nitrous Oxide Products Are Used For?
Nitrous oxide manufacturers claim their products are intended for culinary use. And indeed, some of these products can be used to make whipped cream and other aerated sauces and batters. Companies like Whip-It offer a small number of recipes on their websites, which helps create plausible deniability. These companies hope these limited recipes may allow them to plead ignorance of their product’s recreational uses.
What Are the Bad Side Effects of Nitrous Oxide?
People who misuse nitrous oxide can experience a range of side effects, from minor to serious. Although nitrous oxide has therapeutic effects if properly administered, at higher concentrations, N2O is neurotoxic. Commonly available flavored nitrous oxide canisters deliver N2O in far greater concentrations than are used in medical procedures.
Nitrous oxide inhalation can cause negative short-term symptoms and long-term or irreversible damage.
Negative side effects of inhaling nitrous oxide include:
- Asphyxiation
- Blood clots
- Frostbite
- Impaired bladder and bowel function
- Loss of consciousness
- Psychiatric problems
- Loss of feeling in limbs
- Paralysis
- Vitamin B12 deficiency
- Death
What Does Nitrous Oxide Do To Your Brain and Neurological System?
Nitrous oxide causes brain damage and degeneration of the spinal cord when misused. By binding to the cobalt ion in cobalamin (Vitamin B12), nitrous oxide prevents the conversion and absorption of the vitamin, possibly even in cases where the user is taking supplements. Vitamin B12 deficiency is linked to neuropathy, cognitive issues, digestive problems, and muscular weakness. Cobalamin is crucial in the production of methionine, which is critical for myelin sheath formation and maintenance. B12 also plays a role in the metabolism of the amino acid homocysteine, which can accumulate to toxic levels in deficient individuals.
Nitrous oxide is also an NMDA antagonist. While this class of drugs can have therapeutic effects if properly administered, they can also cause cognitive, memory, and learning issues, as well as hallucinations.
Can Nitrous Oxide Cause B12 Deficiency?
One of the primary mechanisms through which nitrous oxide inflicts injury is by causing a vitamin B12 deficiency. Vitamin B12 is commonly found in meat and dairy products and is critical in a number of cellular functions, including nerve function, DNA synthesis, and red blood cell formation.
Nitrous oxide bonds with and inactivates B12 in the body, making it unavailable for cellular processes. Because of this, B12 deficiency is among the most common symptoms of recreational nitrous oxide usage.
Does Nitrous Oxide Paralyze People?
Nitrous oxide abuse can lead to temporary or permanent paralysis in heavy users. Prolonged vitamin B12 deficiency can lead to demyelination, damage that interferes with nervous system signaling. It can also lead to spinal cord degeneration. While early intervention may be able to reverse the damage, long-term users may have to relearn to walk or use their hands.
Can You Die from Nitrous Oxide?
Heavy nitrous oxide use can be both directly and indirectly lethal. N02 displaces oxygen in the lungs, potentially causing hypoxia. In severe cases, inhaling too much nitrous oxide can cause suffocation and death. Over time, hypoxia can cause organ and brain damage even when it is not immediately deadly.
The impairment caused by nitrous oxide inhalation can also increase the risk of fatal accidents, such as when operating a vehicle.
Is Nitrous Oxide Addictive?
Nitrous oxide does not provoke a physical dependency in users. That is to say, the body does not go through physical withdrawal symptoms when N02 use ceases. However, nitrous oxide usage, like other highly pleasurable activities, can lead to a psychological addiction and substance abuse disorder. This means that people can become “addicted” to the feelings they experience while using nitrous oxide and use more and more of the drug to experience those feelings.
What Are the Signs and Symptoms of Nitrous Addiction?
Nitrous oxide addiction may present with:
- Slurred speech
- Dizziness
- Headaches
- Drowsiness
- Poor coordination
- Cognitive impairment
- Delusions and hallucinations
- Hypoxemia (low oxygen in the blood)
In addition, someone who uses nitrous oxide may present with behavior common to substance abuse disorders, like:
- Needing more of the drug to get the same high
- Spending money on the drug with little regard to budget
- Not meeting obligations due to usage
- Secretive behaviors
Who Qualifies to File a Nitrous Oxide Lawsuit?
Individuals who have suffered severe injuries from nitrous oxide usage, or their family members, may be able to file a lawsuit against the manufacturers of certain types of N02 canisters.
The following injuries may qualify someone to file a nitrous oxide lawsuit:
- Asphyxiation
- Blood clots
- Frostbite
- Impaired bowel or bladder function
- Loss of consciousness
- Numbness or tingling
- Heart palpitations
- Paralysis
- Psychiatric symptoms (e.g., delusions, hallucinations, paranoia, depression)
- Death
Can You File a Lawsuit Despite the Warning Label?
The simple warning labels typically found on flavored nitrous oxide canisters may not clear manufacturers of liability, particularly in light of the products’ conspicuous design, marketing, and distribution strategies, which may encourage misuse. For example, many people who used Whip-It! N2O are now filing lawsuits against United Brands, Inc., the parent company of Whip-It!.
Are People Filing Lawsuits Against Nitrous Oxide Makers?
People are filing both civil and class action lawsuits against the makers of nitrous oxide canisters, seeking damages and recourse for their injuries and suffering.
Nitrous oxide manufacturers facing lawsuits include:
- AmazWhip
- Baking Bad
- Best Whip
- Cloud 9ine
- Cosmic Gas
- Cream
- Euro Gas
- ExoticWhip
- FastGas
- Galaxy Gas
- Gold Whip
- Goo Sticks
- Great Whip
- HOTWHIP
- InfusionMax
- King Whip
- MassGass
- Miami Magic
- Monster Gas
- NITROX
- NOS
- Rotass
- Whip-It!
Many people harmed by N2O are choosing to file personal injury lawsuits against nitrous oxide companies.
About Nitrous Oxide Lawsuit Settlements
Mass actions against N2O manufacturers are still in the early stages, so settlements in nitrous oxide lawsuits are currently pending. When presented with a well-supported personal injury lawsuit, many corporations will offer a settlement to avoid going to trial. King Law estimates payouts for successful claims could range between $50,000 to $250,000 or more as compensation for medical bills, lost wages, disability, and pain and suffering.
History of Lawsuits and Payouts for People Harmed by Nitrous Oxide
Payouts for nitrous oxide lawsuits have not been well-publicized. However, nitrous oxide companies have been held liable in civil suits, most notably the Marissa Politte case. Politte’s family was awarded $745 million after she was struck and killed by an SUV driven by a man under the influence of nitrous oxide. The jury held Whip-It! (United Brands Corporation) 70% liable for her wrongful death. The driver, Trenton Geiger, and Coughing Cardinal LLC, the smoke shop where the canister was sold, were held 10% and 20% liable, respectively.
How a Lawyer Can Help People Harmed by Nitrous Oxide
Filing lawsuits, particularly against well-funded corporate defendants, can be a complex and difficult process. Working with an experienced attorney provides a number of benefits throughout the legal process, such as:
- Helping you gather appropriate documentation
- Gathering expert opinions and other information to support your case
- Filing a complaint (lawsuit) with the proper court/venue
- Negotiating a settlement on your behalf
- Going to trial if a settlement cannot be reached
How Much Time Do You Have to File a Nitrous Oxide Lawsuit?
Personal injury cases, including nitrous oxide lawsuits, need to be filed within a timeframe called the statute of limitations. Statutes of limitations vary by state and the precise circumstances of your case, typically falling somewhere between 1 and 6 years after an injury occurs. Consulting a lawyer quickly after you become aware of your injury will increase your chances of meeting your jurisdiction’s deadlines.
How to File a Lawsuit for Nitrous Oxide Injuries
Filing a nitrous oxide lawsuit is a multi-step process that begins with contacting a law firm with personal injury and product liability experience. This consultation can help outline the full process and set expectations going forward.
Here are the steps for filing a nitrous oxide lawsuit:
- Gather evidence and testimonies
- File the paperwork for your complaint
- Undergo pre-trial procedures with the defense. This includes exchanging evidence and depositions. It may also involve interrogations.
- Negotiate a settlement if possible
- Go to trial if a settlement cannot be reached
How Long Will A Nitrous Oxide Lawsuit Take?
The legal process for a nitrous oxide lawsuit can take anywhere from several months to a year or more. As mass torts against nitrous oxide manufacturers are still in the early stages, it could take two or more years to receive compensation. However, most of the work you and your lawyer will do will be done within the first few months, such as gathering support documents and filing the case.
Contact Our Firm For More Information on Filing a Nitrous Oxide Lawsuit
King Law offers free nitrous oxide case evaluations and consultations with no commitments or up-front costs. Our firm has years of experience holding manufacturers accountable for harm caused by their products. Contact us today.