Nitrous Oxide Lawsuit – July 2025 Update

Nitrous oxide lawsuits are becoming more prevalent as more people are injured through recreational N2O use. People injured after inhaling nitrous oxide are filing lawsuits against product manufacturers. These lawsuits allege the producers of nitrous oxide canisters intentionally design and market their products to be misused and fail to adequately warn consumers about the dangers of inhaling nitrous oxide. 

Most states have minimal regulations on who can buy nitrous oxide. The products can be easily acquired in person or online, including by individuals under 18. As this drug increases in popularity, more people harmed by N2O are seeking compensation through legal action.

Nitrous Oxide Lawsuit Timeline & News – July 2025

July 23, 2025: Spinal Cord Injuries Can Happen After Weeks of Using Nitrous Oxide

A new research article has revealed a startling discovery. According to the findings, people who misuse nitrous oxide can develop spinal cord injuries within weeks. In the study, the seven people who participated were healthy, in their 20s or early 30s, and used nitrous oxide recreationally. For those participants, it took an average of about 12 weeks of using nitrous oxide for them to experience severe spinal cord damage, including paralysis and numbness. Some of these patients got better after they were given Vitamin B12 supplements; however, the majority of the patients still struggled with movement or nerve issues months later. These findings are important, because many people may not think they will develop nerve problems unless they use nitrous oxide for years.

July 2, 2025: South Carolina Man Files Class Action Lawsuit Against Galaxy Gas

Galaxy Gas, a maker of flavored nitrous canisters, is the subject of a class action complaint filed in Georgia by Jacob Iannotti in February 2025 and which was recently amended. The complaint alleges that Galaxy Gas’ products are defectively designed and marketed in such a way as to promote misuse. It also alleges the company took inadequate steps to warn customers about the dangers of nitrous oxide inhalation. 

June 4, 2025: FDA Adds ExoticWhip, FastGas, and NITROX Brands To Nitrous Oxide Advisory 

The FDA amends its nitrous oxide advisory to include three additional N2O brands. The advisory notes that nitrous oxide tanks, canisters, and chargers may be sold under a variety of different names and labels, both online and at retailers like smoke shops and gas stations. 

February 7, 2025: Family Of Deceased Florida Woman Proposes Class Action Against Smoke Shops That Distribute N2O

The family of Margaret Caldwell, who died in 2024 after prolonged nitrous oxide usage, files a lawsuit against seven smoke shops who sell nitrous oxide. Margaret had frequented these shops. The suit seeks to remove nitrous oxide products from the stores and proposes a class action lawsuit against N2O manufacturers. 

January 30, 2025: Michigan Family Files Wrongful Death Suit Against Nitrous Oxide Maker And Retailers

The family of Eugene Glavin files a wrongful death lawsuit after he is struck and killed by a driver intoxicated with nitrous oxide. The driver, Collin Cramer, allegedly lost control of the vehicle after inhaling “Hippie Whippy” branded nitrous oxide. The lawsuit seeks damages from the product’s maker, Elite Gas, as well as several retailers that sell it in the area.

September 11, 2023: Family Of Missouri Woman Killed By N2O-Using Driver Awarded $745 Million 

A jury holds nitrous oxide seller United Brands Products 70% liable for the wrongful death of Marissa Politte. Politte was struck by a driver who had recently inhaled nitrous oxide as she left work. United Brands Products makes the nitrous oxide brand Whip-It! During the trial, a former United Brands Products employee testified that 75% of the company’s product went to smoke shops.

What is the Nitrous Oxide Lawsuit About?

Many people have suffered from life-altering injuries after inhaling nitrous oxide (N2O), especially after prolonged use. Some of these people are suing the companies who make nitrous oxide. The grounds of these lawsuits are a pattern of bad-faith behavior on the part of nitrous oxide manufacturers and retailers. Because N2O has well-recognized medical and culinary uses, it’s readily available and generally not well-regulated. The lawsuit alleges that some nitrous oxide manufacturers are taking advantage of the status quo by deliberately designing and marketing their product for recreational inhalation. 

The N2O products allegedly designed for recreational use often have names and colorful packaging that evoke the idea of getting high or reaching a euphoric state. In theory, these products are being sold as a means of aerating whipped cream, but plaintiffs in these lawsuits argue that consumers rarely use these products in the kitchen. The complaints also note these products are often distributed through retailers like smoke shops, vape shops, and gas stations rather than food markets. Additionally, the flavorings added to the products and canister sizes further limit their applications in the average consumer’s kitchen. Most people do not create thousands of servings of whipped cream flavored with blue razzberry or bubble gum.

Nitrous Oxide Lawsuit Information
Main Injuries:	Injuries resulting from: lack of oxygen, nervous system and spinal cord damage, vitamin B-12 deficiency, psychosis, blood clots, and bladder and digestive malfunction
Defendants:	United Brands, Inc., (Whip-Its!), Galaxy Gas (SBK International), and many others
Have There Been Settlements?	Some individual settlements have occurred
Active Lawsuit?	Yes

Why Are People Filing Nitrous Oxide Lawsuits?

The individuals filing nitrous oxide lawsuits have either been directly injured by nitrous oxide inhalation, been harmed by someone under the influence of nitrous oxide, or are filing on behalf of a deceased loved one. Injuries include paralysis, brain damage, spinal cord damage, digestive malfunctions, and frostbite. Several civil suits have also been filed on behalf of individuals struck and killed by vehicles driven by people under the influence of nitrous oxide. 

The lawsuits allege that the manufacturers not only failed to adequately warn customers of the dangers of nitrous oxide inhalation, but also marketed and designed the products in such a way as to encourage recreational use. The injured parties are seeking compensation for their medical bills, injuries, suffering, and loss of income.

Nitrous Oxide Lawsuit Spotlight

Jacob Iannotti, Individually, and on Behalf of All Others Similarly Situated, v. Galaxy Gas, LLC, SBK International, Inc., SBK International, LLC, and John Does 1–20

While civil suits have been filed against nitrous oxide gas makers in the past, Jacob Iannotti’s complaint represents the first class action lawsuit against one of these companies. Iannotti initially filed the case with the Atlanta division of the United District Court in February 2025, with amendments made in the following months.

Iannotti’s complaint claims he and other purchasers of Galaxy Gas canisters were sold defective products designed and fraudulently marketed to create a customer base for N2O inhalation. Further, the manufacturer failed to provide ample warning of the health and addiction risks of using the product. It also alleges the company was negligent in the design, marketing, and promotion of the product, and that the company’s practices constitute a breach of implied and express warranty. While this class action does offer other injured parties the opportunity to seek damages, it is not the only way to hold these companies accountable. Our firm, for example, is taking individual nitrous oxide personal injury cases. These cases could be consolidated into a multidistrict litigation, a group lawsuit filed in a single federal court. This allows plaintiffs to receive awards based on the specific circumstances of their case, whereas a class action aggregates plaintiffs into a single class with non-customized payouts.

Whom Are People Filing Nitrous Oxide Lawsuits Against?

Most nitrous oxide lawsuits are filed against the companies who manufacture, label, and market N2O products and paraphernalia. In some cases, stores (marketers like smoke shops, gas stations, or convenience stores) that sell nitrous oxide may be sued. sale of the product. Collectively, these parties target vulnerable, and often young, customers.

The following is a list of nitrous oxide products that could injure people. The manufacturer of each product could become a defendant in a nitrous oxide lawsuit:

Allegations Against Nitrous Oxide Manufacturers

Lawsuits allege that nitrous oxide manufacturers are, effectively, making and selling products for inhalation despite surface-level claims that they are for culinary use. The complaints cite factors such as the ease with which their products can be used recreationally, sale through non-culinary channels like smoke shops, and marketing that evokes the idea of altered states as evidence of the companies’ wrongdoing.

High-Profile Defendant: Galaxy Gas

Though the company stopped selling chargers in 2024, and has taken down its website, Georgia-based Galaxy Gas LLC is among the more well-known makers of flavored nitrous oxide products, and a defendant in the class action lawsuit above. Galaxy Gas canisters, which are still being sold by third parties on sites like Amazon, are recognizable by their colorful, smoke shop-friendly labeling and novel flavors like “vanilla cupcake.”

High-Profile Defendant: Whip-It!

With a name that sounds suspiciously similar to “whippet,” one of many slang terms for recreational nitrous oxide, Whip-It! is an N2O and C02 charger brand owned by California-based United Brands, Inc. In 2023, United Brands was held 70% liable for the wrongful death of a woman struck and killed by a vehicle operated by a nitrous oxide user. The total amount awarded by the jury in the case was $745 million.

What is the Current Status of Nitrous Oxide Lawsuits?

Mass actions against nitrous oxide companies are still in the early stages. The first class action lawsuit, Ianotti v. Galaxy Gas, is in its early stages, as are several other civil lawsuits. In time, these individual civil lawsuits could be aggregated into a single federal action called a multidistrict litigation. 

To date, one of the biggest civil penalties levied against a nitrous oxide company was a 2023 wrongful death verdict, which held United Brands Inc. and several retailers 90% liable for the death of Marissa Politte. The total payout for that case was $745 million.

Why Do People Use Nitrous Oxide?

Inhaling nitrous oxide produces a brief but intense high. Users may feel:

• Euphoric
• Giggly
• Happy
• Relaxed
• Calm
• Dissociated

Due to its medical and culinary uses, nitrous oxide is also widely available with little to no regulation in most states.

Is Nitrous Oxide Addictive?

Nitrous oxide is not physically addictive in the way that opioids and long-term alcohol abuse can be. On the other hand, the pleasurable effects of N2O may lead to compulsive usage in some individuals. Such psychological addictions to nitrous oxide are difficult to break, even when suffering serious side effects from usage.

Other Names for Nitrous Oxide

Nitrous oxide goes by many slang or street names, including:

Dangerous Side Effects and Signs of Nitrous Oxide Use

Recreational nitrous oxide use carries serious risks, especially when used frequently and over an extended period of time. Many of the risks stem from the fact that nitrous oxide renders vitamin B12 in the body incapable of being absorbed. Vitamin B12 plays a critical role in the upkeep of the nervous system. Additional risks stem from nitrous oxide displacing oxygen in the blood (which can lead to asphyxiation or accidents) and injuries related to the mechanisms of inhalation (such as frostbite).

Short-term side effects of inhaling nitrous oxide:

• Accidents (due to loss of consciousness or disorientation)
• Tissue damage from canister pressure
• Hypoxia (low blood oxygen)
• Numbness in the extremities
• Frostbite 
• Impaired memory and cognition
• Low blood pressure
• Hallucinations
• Fatigue

Long-term or serious side effects of prolonged nitrous oxide use:

• Vitamin B12 deficiency
• Spinal cord degeneration
• Brain damage
• Incontinence
• Paralysis
• Megaloblastic anemia
• Death (typically from asphyxiation)

Outcomes for injuries Caused By Recreational Nitrous Oxide Use

Since many of the long-term injuries caused by recreational nitrous oxide use are due to prolonged vitamin B12 deficiency, early intervention can reverse the damage and prevent permanent disability. This process requires the individual to quit using N2O and undergo intense vitamin B12 supplementation.

Signs and Symptoms of Nitrous Oxide Misuse

Nitrous oxide misuse can be identified by the presence of long- or short-term side effects, particularly in combination with the possession of N2O chargers or canisters. Additionally, the user may present with symptoms common to psychological addictions, such as poor performance at work or school, depression, secretive behavior, and/or financial issues due to overspending on N2O. 

The user may also need increasing amounts of the gas to get the same level of satisfaction as when they started using the drug.

Study on Youth Nitrous Oxide Use

A 2024 qualitative study published in Qeois examined the motivations, perceptions, and experiences of young adults who use nitrous oxide recreationally. Based on interviews with N2O users, the study identified three core themes:

• Social influences: usage among respondents was almost always in the company of at least one other person, and observing the effects of someone under the influence of N2O was a motivating factor.
• In combination with other drugs: respondents reported using N2O with ketamine, LSD, and MDMA to enhance the effects of those drugs. Other reports have noted a similar phenomenon, but with different drug preferences, i.e., alcohol and cannabis. 
• Accessibility: Respondents reported that N2O was cheap and easy to access. 

Overview: Exploring the experiences and perceptions of young people’s recreational nitrous oxide use
Description of Study:	Qualitative, interview-based study on motives, experiences related to youth N2O use
Published In:	Qeois
Study Authors	Hannah Walter, Jacqui Cameron, Helen Simpson, Kenny Kor, Sarah MacLean, and Julaine Allan
# of Participants	7
Findings	N2O is often used as a cheap and accessible way to enhance the effects of other drugs, and is widely perceived as safe to us

FDA Warnings About Nitrous Oxide

The FDA has issued an advisory on nitrous oxide, warning consumers not to inhale nitrous oxide products. It lists over a dozen nitrous oxide brands sold as culinary products. While such an advisory does not have any immediate legal weight, these warnings often precede regulatory actions or recalls. 

In the meantime, advisories like this one can sometimes be used in lawsuits to support claims that a product is defective or contains inadequate warnings about the danger of misuse.

Nitrous Oxide Charger Warning Labels

A prominent complaint in nitrous oxide lawsuits is that the manufacturers failed to warn users about the risks of inhaling nitrous oxide. This doesn’t necessarily mean that the manufacturers do not provide warning labels at all. Below is a warning label on Galaxy Gas canisters sold on Amazon.

These labels, however, may not be sufficient to protect the companies from litigation, especially if the product is designed in such a way as to encourage use in a way contrary to the warning label. It also may not adequately warn of the dangers of misuse.

What Damages Can People Sue Nitrous Oxide Manufacturers For?

Individuals can sue nitrous oxide companies for damages based on the harm they have suffered as a result of using the drug. While the exact details will vary from case to case, typical categories include:

• Physical injuries: damages related to disability, physical pain, or disfigurement.
• Mental injuries: damages related to emotional distress.
• Medical and therapy bills: out-of-pocket expenses sustained as a result of using the product. Includes medical, treatment, and legal fees.
• Loss of income: opportunity costs caused by missing work or inability to work.
• Pain and suffering: physical pain and emotional distress caused related to product usage
• Loss of consortium: damage to relationships as a result of product use, including wrongful death

Who Qualifies to File a Nitrous Oxide Lawsuit?

In order to file a nitrous oxide lawsuit, each person has to meet certain eligibility requirements. Our legal partners are focusing on the specific injuries listed below:

• 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

If you are unsure if your injuries fall under one of these criteria, consult with our attorneys.

What Proof Do You Need to File a Nitrous Oxide Lawsuit?

To build a strong nitrous oxide lawsuit, you will need to be able to present evidence that supports your claim that you suffered damages from N2O use.  For example, if you suffer from partial paralysis but cannot prove that you purchased and used nitrous oxide, you may fail to establish a link between your condition and the product. Likewise, if you cannot provide proof that you suffered an injury related to N2O usage, you may not have a strong case, even if you can establish that you’ve used the product recreationally. 

Here are the types of evidence you’ll need to gather, with some examples.

Evidence About Your Diagnosis and Treatments

• Medical records: appointments, prescriptions, diagnoses, test results, hospitalizations, surgeries
• Pharmacy records: prescription fills and refills with dates

Evidence Showing Your Losses

• Economic damages: medical bills, expenses related to injuries, lost wages, pay stubs, fees for services
• Non-economic damages: therapy or counseling records, evidence of psychological trauma, inability to perform tasks or pastimes

Testimony From You and Your Family

•  Personal testimony: Statements concerning symptoms, N2O usage, and the impact on their life, finances, and relationships
• Witness testimony: Statements from family, friends, coworkers, or subject experts corroborating the impact on the plaintiff’s life

8 Steps to File a Nitrous Oxide Lawsuit

Filing a lawsuit, especially against a corporation, is best done with an experienced attorney. Your lawyer will be able to help evaluate your claim, make sure you hit critical deadlines, and represent you in negotiations and court proceedings. 

These are the 8 steps for filing a nitrous oxide lawsuit:

1. Consultation: Meet with a law firm experienced in personal injury litigation, particularly against corporate defendants. They can help determine the strength of your case and help determine what grounds you may have to sue.
2. Gather evidence: This is where you’ll collect documents, receipts, and testimonies that establish a link between the injuries you have suffered and your use of nitrous oxide.
3. Determine the legal grounds for your suit: Your lawsuit will need to address issues with the nitrous oxide product you’re linking to your injuries. This may include factors like failure to warn, defective design, and/or negligence.
4. File your lawsuit in court: Your attorney will file the lawsuit as an individual case, a multidistrict litigation, or as part of a class action.
5. Pre-trial discovery: Both sides of the case will gather and exchange additional evidence, including testimonies and depositions.
6. Negotiations: Both sides may choose to reach a settlement rather than take the case to trial.
7. Trial proceedings: If a settlement cannot be reached, your case will go to trial. A judge or jury will determine what damages, if any, are awarded.
8. Compensation: If a settlement was reached or the court ruled in your favor, you will receive funds for your damages.

What to Expect When Filing a Nitrous Oxide Lawsuit

Nitrous oxide lawsuits may take some time to resolve, especially since litigation of this nature is relatively new. Cases in which a settlement can be reached resolve more quickly than those that have to go to trial. 

Personal injury cases like nitrous oxide lawsuits are typically billed on a contingency basis, which means your lawyer will be compensated based on the amount of money awarded in your case instead of an upfront fee. The amount of money you’re awarded will depend on the severity of your injuries and whether your case is resolved through settlement or by trial.

What is the Deadline for Filing a Nitrous Oxide Lawsuit?

Personal injury lawsuits, including nitrous oxide lawsuits, need to be filed within a window of time called the statute of limitations. The statute of limitations varies from state to state, typically falling between one and six years. However, when the timeframe begins is not always straightforward. For example, your circumstances may qualify for the Discovery Rule, in which your statute of limitations would begin when you first discovered your injury, not when it occurred. 

Because your window for action may not be obvious, it is best to act quickly as soon as you realize you’ve been injured and to consult with an attorney to determine your eligibility.

Nitrous Oxide Settlements and Awards

There currently is not a lot of precedent for nitrous oxide settlements, but our legal team estimates typical settlements may fall between $50,000 and $250,000. Some amounts may be higher or lower based on each person’s circumstances, the extent of their injuries, and what type of lawsuit they file.

Factors Affecting the Value of a Nitrous Oxide Lawsuit

The potential value of your payout will depend on several factors. These include:

• The nature of the injury: More severe injuries may garner more compensation.
• Impact: How severely the injury has disrupted your life, including relationships, earning potential, and quality of life.
• Defendant’s misconduct: The severity of the misconduct and negligence on the part of the defendant.
• Settlement vs. trial: Trial verdicts may pay more than settlements, but with greater risk and time investment.

Learn More About Nitrous Oxide Lawsuits From Our Legal Team

Injuries related to nitrous oxide inhalation have been on the rise in conjunction with the availability of flavored N2O canisters and chargers. The design and marketing of these products may constitute misconduct on the part of nitrous oxide manufacturers. If you’ve been injured by nitrous oxide inhalation, consult with our experienced legal team. You may be due compensation.

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