Whip-It (Whippet) Lawsuit – April 2025 Update

The Whip-It Lawsuit Is An Active Lawsuit

See If You Qualify!

People across the country are filing whippet lawsuits because they were hurt or their loved ones died after using recreational nitrous oxide. Inhaling nitrous oxide can cause serious complications, including nerve damage, cardiac arrest, stroke, spinal cord injury, and brain damage. Although companies who manufacture whip-it cartridges say their products are for culinary use, lawsuits allege they knowingly market and sell an addictive and dangerous drug that is commonly misused.

On this page, we explore the recent developments in the whip-it cases, the dangers of using recreational nitrous oxide, why people are filing claims, and how to join a whippet lawsuit. We also discuss compensation options and commonly asked questions about nitrous oxide and the ongoing litigation.

Whip-It Lawsuit News – April 2025 Updates

April 9, 2025: Researchers Warn of Increased Nitrous Oxide Abuse Rates and Deaths

Medical researchers are speaking out about the concerning rise in deaths and injuries due to nitrous oxide misuse and abuse. The gas is sold under brand names like Whip-it! and Galaxy Gas. Nitrous oxide, or “laughing gas,” has been around for many years, but more and more young people are abusing this substance found in whipped cream canisters. Young people are attracted to the intense but short-term high they get from inhaling the gas. However, recreational nitrous oxide use is causing many to die or sustain serious injuries. Consumers believe whippet manufacturers and sellers are to blame for the increase in popularity in the party scene.

March 14, 2025: FDA Issues Health Alert About Nitrous Oxide Products

The U.S. FDA has issued a health alert due to severe adverse reactions related to inhaling nitrous oxide. According to the health alert, canisters containing compressed nitrous oxide are widely available at retailers like Amazon, Walmart, and eBay, as well as gas stations and smoke shops. The FDA warns that repeated misuse of nitrous oxide can result in neurological effects, including spinal cord or brain damage, and even death.

February 19, 2025: Minnesota Congress Considers Legislation To Ban Most Nitrous Oxide Canister Sales

In response to rising whippet abuse cases, Minnesota’s Congress has drafted proposed laws to make it illegal to buy nitrous oxide containers. The proposed bill carves out several exceptions for medical and culinary uses, where nitrous oxide has been used to propel whipped cream out of canisters or to lightly sedate patients undergoing dental procedures. Minnesota’s Congress hopes this step would decrease the number of people—especially teenagers—who are putting themselves in danger by using whippets to get high.

March 13, 2024: Michigan Governor Signs Bill Banning Devices Used To Inhale Nitrous Oxide

Governor Gretchen Whitmer signed several bills to make it illegal to sell “crackers,” which are devices used to open whippet containers to inhale the gas. She took this step after many Michigan residents died or were injured due to nitrous oxide poisoning and abuse. While nitrous oxide, or “laughing gas,” is approved for use in medical and culinary settings, many young people are using the product due to its euphoric effects. By banning the sale of whippet crackers, the Governor hopes to curb the rates of abuse in her state.

September 11, 2023: Jury Finds Whip-It Company At Fault for Woman’s Death in Car Crash

In Missouri, a 20-year-old man passed out while driving his car after purchasing and using Whip-Its he got from a smoke shop. His vehicle struck and killed a young woman who was crossing the street after leaving work. The young woman’s family sued the driver, the smoke shop, and the Whip-It manufacturer, United Brands Products Design Development. The jury found that United Brands was 70 percent at fault for what happened because United Brands was selling flavored and unflavored versions of these products at smoke shops for off-label, recreational use. United Brands said it sells Whip-Its for culinary use.

August 30, 2016: United Brands Enters Whip-It Settlement for Not Having Warning Label Required by California Law

On August 30, 2016, United Brands Products Design Development and Marketing, Inc., entered a settlement agreement with Michael DiPirrio. Michael sued United Brands because Whip-Its’ packaging did not include the warnings required under California’s Proposition 65. Michael said nitrous oxide is known to cause birth defects and other reproductive harm, something Proposition 65 requires companies to post warnings about. United Brands settled the case, agreed to pay fines, and said they would provide their California distributors with warning signs.

About Whip-It (Whippet):

What Are Whip-Its (Whippets)?

Whip-its are metal cartridges or containers that have nitrous oxide in them. Nitrous oxide is a colorless and odorless gas that causes brief euphoria when inhaled. Other names for whip-its are whippits, whippets, hippy crack, nos, or Galaxy Gas. Nitrous oxide, which is also known as “laughing gas” has been used by dentists and doctors as a sedative for years. The cartridges are used in the culinary industry to propel whipped cream out of the canister.

Recreational use of nitrous oxide has accelerated in recent years. Whip-it cartridges are now widely available at smoke shops, gas stations, and online retailers. Teens and children are inhaling nitrous oxide to get high and are experiencing severe and sometimes deadly side effects. For example, nitrous oxide can make someone have seizures, lose consciousness, experience nausea, develop nerve damage, and lose coordination. When used recreationally, nitrous oxide can lead to the following side effects:

• Euphoria
• Dissociation
• Hallucinations
• Relaxation and ease of anxiety

However, intense and prolonged use of the drug can have serious and long-lasting effects on the people who use it.

The Rise of Nitrous Oxide Abuse and Addiction

Nitrous oxide, or “laughing gas,” has been abused by millions of Americans in recent years. Although the gas is not addictive in the traditional sense, some people become addicted to the way they feel while using the drug. With the advent of the Galaxy Gas flavored canisters, the popularity of whippets has surged. Some estimate that 13 million Americans have misused laughing gas in their lifetimes, spurring an increase in deaths, poisonings, and hospitalizations. Many companies add flavorings to the gas to make it more palatable, especially to young people.

As more people have become aware of this epidemic, federal and state governments are drafting regulations to help protect our nation’s young people. People have been able to purchase nitrous oxide canisters in bulk and online, with little to no restrictions. However, as parents and young people speak out about their experiences, the public is starting to demand change.

Nitrous Oxide Laws by State

Most U.S. states have few regulations about selling nitrous oxide to the public. Historically, canisters have been sold for culinary use. Rising abuse statistics have encouraged some state and local governments to enact changes.

For example, a 2021 New York law banned the sale of whipped cream chargers to people under 21 in an effort to curb the recreational use of these products. Louisiana took a step further in 2024 and banned all public retail sales of nitrous oxide without a license. Many public health and medical officials have spoken out against nitrous oxide and called for a stricter response. However, the FDA has declined to regulate the recreational use of nitrous oxide.

Who Makes Whippets and Where Do You Buy Them?

Whippets are sold under a variety of brand names at a variety of retailers. Some of the popular brand names of nitrous oxide cartridges are:

• Baking Bad
• Cosmic Gas
• Galaxy Gas
• HOTWHIP
• InfusionMax
• MassGass
• Miami Magic
• Whip-it!

Nitrous oxide canisters can often be purchased at smoke shops, gas stations, and common retailers such as Walmart, Amazon, and eBay. Many of these products have added flavorings such as strawberry, cotton candy, cookies and cream, grape, blue razzberry, birthday cake, mango, and others. Lawsuits filed against the makers of these canisters say these flavors are added to appeal to young consumers.

Galaxy Gas and Social Media Popularity

Many teens and young people have seen social media posts related to Galaxy Gas, a specific brand of nitrous oxide canisters and accessories. Galaxy Gas sells flavored and unflavored nitrous oxide canisters that contain large amounts of the gas.

The Atlanta-based company added a disclaimer to its website after a sharp increase in social media posts showed minors and young adults abusing its products. The company claims its products are only intended for culinary use. However, its nitrous oxide canisters are mostly sold in smoke shops, vape shops, and gas stations next to other substances made to inhale. The packaging and flavorings also appear to be made to appeal to young people and recreational use.

Nitrous Oxide Side Effects and Health Risks

Nitrous oxide can have dangerous side effects on those who use it recreationally, especially for people whose brains are still developing. Consequences of whip-it abuse include potentially fatal loss of oxygen, nerve damage, brain injuries, and heart and lung damage. The U.S. FDA issued a consumer warning about nitrous oxide misuse and the associated dangers of the inhalant.

Whippets and Oxygen Deprivation

The nitrous oxide found in whippets takes the place of oxygen in the lungs, causing the user to experience a dangerous lack of oxygen. Not having enough oxygen in your system can injure your brain and organs. Side effects of oxygen deprivation from nitrous oxide include sudden death, dizziness, nausea, fainting, or a continued lack of consciousness (coma).

Nitrous Oxide Effects on the Brain

Laughing gas can significantly change how someone’s brain functions. The nitrous oxide found in whippets can kill neurons (brain cells) and cause long-term problems with memory, thinking, mood, and other cognitive functions.

The people who abuse whippits are seeking the side effects associated with the drug, such as laughing, euphoria, hallucinations, relaxation, and disorientation. However, using whippets in excess and in closed areas can cause severe, potentially irreversible damage. People whose brains are still developing—such as children, teens, and adolescents—are especially vulnerable to these dangers.

Nerve Damage from Whippets

Long-term use of whippets can cause nerve damage because nitrous oxide makes it harder for the body to keep and use vitamin B12. Vitamin B12 is needed to make sure your cells, nerves, and neurons are healthy and able to regenerate.

Not having enough vitamin B12 can damage the nerves and spinal cord, cause muscle weakness, lead to chronic numbness, and make it harder to walk. Nitrous oxide abuse can lead to myeloneuropathy, a long-term condition that impacts your spinal cord and the nerves in the lower part of your body.

Heart and Lung Dangers

People who abuse whip-it canisters are unknowingly putting their hearts and lungs in danger as well. Nitrous oxide can cause even young users to suffer from heart attacks, lung injuries, and irregularities in their heartbeats. Sometimes, using whip-its can lead to sudden sniffing death syndrome, a fatal form of cardiac arrest.

Whippet use can also increase someone’s risk of having a stroke, even if they are otherwise young and healthy. Young people who take stimulants—even lawfully prescribed ones—drink alcohol, or have a pre-existing heart condition are especially vulnerable to these effects. People who inhale nitrous oxide may experience frostbite on their face, throat, and vocal cords, because the gas can be as cold as minus 40 degrees Celsius if inhaled straight from a tank or canister.

Other Physical and Psychological Effects

Someone who uses nitrous oxide may also experience a range of other side effects. For example, typical side effects include headaches, fatigue, weakness, tremors, and nausea. These effects can be mild but may be severe if someone uses nitrous oxide excessively, takes a high dose, or is using other substances at the same time.

Young people who use nitrous oxide can also experience psychological effects, which can include depression, anxiety, mood swings, and addictive behaviors. People who use whippets to get high may also have trouble controlling their impulses, making reasoned decisions, or engaging in high-risk behaviors.

Signs of Whippet Abuse and Nitrous Oxide Addiction

Being aware of when someone is addicted to nitrous oxide can help you take steps to intervene and protect that person. Although nitrous oxide is not physically addictive, people may become “addicted” to the way the drug makes them feel and engage in frequent usage. Whippet addictions can change how someone looks and acts and jeopardize their mental and physical health. Parents, friends, and loved ones who think someone they know is addicted to nitrous oxide may want to talk to their loved one or reach out to professionals for guidance.

Physical Signs of Abuse

The physical signs that someone is addicted to or abusing nitrous oxide include the following:

• A sweet or chemical odor on someone’s breath or clothing
• Irritation in the nose or throat
• Unexplained or suspicious coughing or wheezing
• Red or runny nose even though the person does not have a cold or allergies
• Bloodshot eyes
• Numbness, tingling, or weakness in their body

Some of these symptoms can mimic other conditions, like a cold, flu, or allergies. However, if the combination of the symptoms or how the person is acting seems unusual, it may be best to trust your instincts. Someone who is addicted to inhalants may be hesitant to tell you or even know that whippets are causing their symptoms.

Behavioral Signs of Abuse

Whippet abuse can change how someone acts. Some psychological signs of whip-it abuse include:

• Uncharacteristic or inappropriate giggling
• Dizziness
• Clumsiness
• Difficulty communicating clearly
• Lack of appetite
• Unexplained nausea
• Mood swings and fatigue
• New or worsened depression, anxiety, or sleep disturbances

Someone addicted to nitrous oxide may appear drunk, dazed, or disoriented, with no apparent reason. They may also have a hard time concentrating on the conversation or they may slur their speech.

Whippet “Crackers”, Balloons, and Empty Canisters

Someone with a whippet addiction may also have the following in their possession:

• Balloons
• Whip-it canisters
• Empty whipped cream cans
• Chargers or “crackers” used to open nitrous oxide containers

People using nitrous oxide may release the nitrous oxide into the balloon, then use the balloon to inhale the gas to get high. They may have empty whipped cream cans or nitrous oxide canisters, which are small metal containers that can be opened using a charger or “cracker.” These devices may be hidden in drawers, cars, bags, trash cans, closets, or under beds.

Legal Grounds for the Whip-It Lawsuits

Parents, advocates, and affected young people are suing whippet manufacturers because of the harm nitrous oxide has caused them and their families. While using nitrous oxide is dangerous, many believe the companies that make these products engaged in deceptive marketing practices that hid the risks.

Additionally, the manufacturers made whippets more appealing to young users by adding flavors to their products. Many companies package their products in ways that are appealing to young consumers. Companies have a legal obligation to warn consumers about many foreseeable harms of using the nitrous oxide they sell, and lawsuits allege companies failed to do such.

Allegation #1: Failure to Warn

Consumers and parents accuse Whip-It and other nitrous oxide manufacturers of not being transparent about the risks of using their products. They believe the companies knew about the dangers of misuse and did not do enough to protect the public. Consumers think the companies should have had a warning on the packaging, cautioning against the risks of brain damage, nerve injury, and even death if someone inhales the contents.

Allegation #2: Negligent Distribution and Marketing

Consumers are also speaking out against the way Whip-Its are sold and distributed. Despite the Whip-It company saying its product is for culinary use, the company distributes a large portion of Whip-Its to smoke shops and gas stations. Consumers can purchase these cartridges in bulk, and they have a variety of flavors to choose from.

People claim that the increased availability and attractive flavor offerings encouraged young people to misuse whippets, especially since there were inadequate warning labels about the potentially deadly side effects. They also believe that whippit manufacturers intentionally marketed nitrous oxide products for the party scene, which fueled addictions and recreational use.

Who Can File a Whip-It Lawsuit?

Anyone who was injured by or who lost a loved one because of nitrous oxide use may qualify to request compensation. Nitrous oxide products that are part of the lawsuit can include many different items, including Whip-Its, the generic form, and flavored nitrous oxide canisters.

Eligible victims may be entitled to monetary damages from the companies that made, marketed, and sold nitrous oxide products. King Law offers free case reviews and can help you determine if you qualify to file a lawsuit.

People who may be eligible to file a whip-it lawsuit include those who experienced any of following injuries after using recreational nitrous oxide:

• 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

These lawsuits are in their early stages. Eligibility criteria may chance over time. Please contact the King Law office to determine if your injuries qualify for a lawsuit related to whip-it use.

File a Lawsuit If You Were Harmed by Someone Who Used Nitrous

In some circumstances, people who use large quantities of nitrous oxide or engage in frequent use may experience psychosis or hallucinations that cause them to become a danger to themselves or others. If you were harmed by someone who was using nitrous oxide, you may be able to file a lawsuit. If you were involved in a motor vehicle accident with someone who was using nitrous oxide, you may be able to file a lawsuit. Similarly, if you were physically injured by someone using nitrous oxide, you may have a case. Reach out to our firm to understand your legal options.

What Damages Can I Recover in a Whip-It Lawsuit?

Someone who was injured or whose loved one was killed because of nitrous oxide misuse may qualify for damages. The compensation someone may be eligible for includes:

• Emergency room care
• Addiction treatments
• Rehabilitation and care
• Lost wages
• Lost earning capacity
• Prescription and transportation costs
• Pain and suffering

Victims of nitrous oxide misuse may also be able to receive compensation to address the loss of their quality of life because of the addiction. Additionally, surviving loved ones may be able to file a wrongful death claim and receive damages such as funeral and burial costs and the loss of support or companionship.

How Can I File a Whip-It Lawsuit?

Filing a whippit lawsuit can help bring you and your family the acknowledgment and resources you need to rebuild and move forward. The steps involved in bringing a nitrous oxide abuse claim include the following:

• Step 1: Collaborating with an attorney to learn if you are eligible to file a lawsuit
• Step 2: Working with your lawyer to gather evidence and build a case against the whippit companies
• Step 3: Creating and filing the legal complaint with the appropriate court
• Step 4: Negotiating with the whippit manufacturers and sellers to reach a settlement without going to trial
• Step 5: Going to trial if necessary and receiving a decision from a jury

King Law is here to help you every step of the way, fighting for you and your family’s legal rights to compensation. We understand what processes to follow in handling these types of cases and how to maximize your chance of recovering a comprehensive settlement.

Estimated Whip-It Lawsuit Settlement and Payout Amounts

The whip-it lawsuits are still in their early stages; however, King Law estimates that some successful claimants may receive up to $50,000 to $250,000 or more for their losses. The exact amount someone may get depends on many different factors, such as the extent of their damages, whether they file their claim before the deadline expires, and the strength of their case. For example, someone whose loved one died may receive a higher compensation package than someone with minor losses.

Contact King Law For a Free Case Review

Companies have an obligation to warn parents and young people about the dangers of using nitrous oxide cartridges for recreational use. Many believe that the negligence of whippet manufacturers and sellers has led to the epidemic we are facing today. If you or your loved one are the victim of nitrous oxide addiction or abuse, you may qualify for compensation.

King Law fights for those who are harmed or killed because of the mistakes and misdeeds of whippit companies. We respect the journey that has led our clients to the moment they call us, and we provide our clients with the personalized attention they deserve. Contact us today by calling 585-496-2648 to schedule a free case review.

Frequently Asked Questions (FAQs)