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Ever heard the term “laughing gas”? Most of us are familiar with it. While the name may seem to be fun, there’s more to it than just making people laugh. When used improperly, this gas can cause a serious risk to health.
Addiction can be in various ways, but becoming addicted to a gas like this may seem unimaginable. But, it’s a real and growing concern.
In this blog, we’ll look into nitrous oxide, the dangerous side effects of its misuse, and the recent lawsuits and legal actions being taken against companies.
Overview: Nitrous Oxide
Nitrous oxide is commonly known as laughing gas, which is a colorless, non-flammable gas with a slightly sweet taste. It is made up of two nitrogen atoms and one oxygen atom. This gas is used in various fields due to its distinguishing properties. It is often used for medicinal purposes as a mild anesthetic and pain reliever used in dentistry and childbirth.
In the culinary field, nitrous oxide is used in whipped cream chargers, where it acts as a propellant to aerate cream quickly, giving it a light and fluffy texture. It is also approved as a food additive.
Nitrous oxide is sometimes misused recreationally for its euphoric effects, which can be harmful and are illegal in many places. Prolonged or repeated misuse may lead to health issues such as vitamin B12 deficiency and nerve damage.
What are Whippets?
Whippets are small, disposable metal canisters. It is typically about 2 ½ inches long and ¾ inch in diameter, filled with pressurized nitrous oxide. It is mostly used in whipped cream dispensers. Each whippet contains roughly 8 grams of food-grade N₂O, when punctured inside the dispenser, dissolves into heavy cream under pressure.
When the gas is forced out through the nozzle, it instantly produces light, fluffy whipped cream. It is perfectly safe when used for culinary purposes, but whippets should never be inhaled recreationally. When doing so, it can lead to dizziness, oxygen deprivation, and long-term neurological damage.
The Rise in Recreational Use
According to the 2023 National Survey on Drug Use and Health, over 13 million people in the U.S. have used nitrous oxide in the wrong way at some point in their lifetime. The Centers for Disease Control and Prevention reports that deaths from nitrous oxide poisoning increased by more than 110% between 2019 and 2023.
The reason for the widespread misuse is the availability of nitrous oxide canisters in smoke shops and online. Sold under names like “Galaxy Gas” and “Miami Magic,” and commonly found in small steel canisters called “whippets,” these products are inexpensive and easy to get.
Dangers of Nitrous Oxide Use
Nitrous oxide side effects include transient dizziness, disorientation, dissociation, loss of balance, and leg weakness.
Regular inhalation of nitrous oxide can lead to serious health complications, including:
- Vitamin B12 Deficiency: Leading to nerve damage and neurological disorders.
- Cognitive Impairments: Memory loss, difficulty concentrating, and other mental health issues.
For marketing purposes, many manufacturers have sold this gas internationally for recreational use. This raises concerns about the misuse of nitrous oxide and highlights the need to hold manufacturers accountable for their marketing practices.
FDA Warning on Nitrous Oxide
The FDA warns consumers not to inhale nitrous oxide, no matter the size or flavor of the canister. Though sold for food use, many are misusing it to get high. This misuse can cause serious health and even death.
Brands include:
- Galaxy Gas
- Miami Magic
- Whip-it
- Baking Bad
- Cosmic Gas and more.
If you’ve used these products and feel unwell, contact a healthcare provider immediately.
Nitrous Oxide Lawsuits 2025
On April 2, 2025, a 22-year-old California man named Alexander Kellam filed a lawsuit against Galaxy Gas and related companies. He claimed that they illegally marketed flavored nitrous oxide canisters for recreational use and failed to warn users about serious health risks.
The lawsuit says it is sold as whipped cream chargers, the bright-colored canisters with flavors like “blue raspberry” and “vanilla cupcake” were clearly meant to be inhaled by teens and young adults.
The lawsuit claims the company misled consumers by implying FDA approval and ignoring the risks to public safety. A court date is set for September 5, 2025, to discuss how the case will proceed.
Another lawsuit was filed on February 27, 2025, by Jacob Iannotti against Galaxy Gas, SBK International, and other unnamed distributors. The lawsuit alleges that Galaxy Gas marketed flavored nitrous oxide canisters as culinary tools but actually designed them for recreational inhalation.
The complaint further alleges that Galaxy Gas falsely marketed its products as “FDA-approved,” misleading consumers into believing they were safe for inhalation.
In response, Galaxy Gas filed a motion to dismiss the lawsuit on April 23, 2025. The company argues that the complaint fails to provide specific evidence linking injuries directly to their products. The court’s ruling on the motion to dismiss will determine whether the case proceeds to discovery or is dismissed outright.
Galaxy Gas Faces Wrongful Death Lawsuit
On February 7, 2025, the family of 29-year-old Margaret Caldwell filed a lawsuit in Florida, aiming to stop the sale of flavored nitrous oxide products like Galaxy Gas. Caldwell died in November 2024 after years of addiction to nitrous oxide, which she inhaled hundreds of times a day.
The Galaxy Gas lawsuit claims these products are sold in bright packaging and candy-like flavors to appeal to young people.
From 2023 to 2024, reports of intentional nitrous oxide exposure rose by 58%, according to America’s Poison Centers. The lawsuit says these products have caused widespread addiction, serious health damage, and death.
The family is not seeking money for damages but wants the court to immediately remove these products from stores.
On April 17, 2025, Galaxy Gas and its parent company, Pluto Brands, filed a motion to dismiss the lawsuit in Florida.
However, Galaxy Gas says in their motion that they should not be blamed for the way people misuse their product. They argue:
- The product is intended only for culinary use.
- The packaging clearly warns against inhaling the gas.
- Caldwell made a conscious choice to misuse it, so the company shouldn’t be held responsible.
The company also says the lawsuit doesn’t claim their product was defective or unsafe, only that it was used improperly.
Legal Actions against Nitrous Oxide
In response to the growing concerns, some states have begun to implement regulations to control the misuse of nitrous oxide.
If you are affected by Galaxy Gas or other flavored nitrous oxide canisters, you may be able to file a lawsuit to seek compensation. Lawyers are currently reviewing cases and offering free consultations to determine if you qualify. Contact a qualified attorney to discuss your situation and protect your rights.
To wrap up,
Many people don’t realize that nitrous oxide can be dangerously addictive. Misusing it for a quick high can lead to life-altering health problems including nerve damage, brain injury, and even death. It’s time to raise awareness and protect lives from the hidden dangers of recreational inhalation.
