A rising number of consumers and families have filed lawsuits against several manufacturers and distributors, alleging that companies knowingly promoted nitrous oxide (N2O) products for recreational use while downplaying their dangers.
These nitrous oxide lawsuits, including actions against manufacturers Galaxy Gas, United Brands, and Looper, accuse the defendants of deceptive marketing, product mislabeling, and failure to warn about serious health consequences such as addiction, neurological injury, and death.
What is Recreational Nitrous Oxide Use?
N2O, widely known as “laughing gas” or “whippets,” is a colorless, odorless gas with legitimate uses in medicine, the food industry, and even auto racing, according to the Alcohol and Drug Foundation. However, some reports indicate its misuse as a recreational nitrous oxide inhalant has grown rapidly among young adults, leading to a public health crisis.
Inhaling nitrous oxide through whippets (small metal cartridges meant for whipped cream dispensers) produces a short-lived, euphoric high. Despite appearing harmless, repeated inhalation can cause oxygen deprivation, nerve damage, and long-term neurological complications. The widespread availability of large, flavored canisters under brand names like Galaxy Gas, Looper, and Cosmic Gas has made the substance easier to obtain, often in smoke shops and online.
Health experts have warned of serious nitrous oxide health risks and documented cases of nitrous oxide overdose and nitrous oxide deaths. This growing concern has fueled multiple whippets lawsuit filings nationwide.
The Lawsuits Taking Shape
Two major court cases, Dial v. Fuego Smoke & Vape, LLC et al, and Iannotti v. Galaxy Gas, LLC et al, are now central to the unfolding nitrous oxide lawsuit litigation.
Dial v. Fuego Smoke & Vape, LLC et al
Filed in February 2025 in the Middle District of Florida on behalf of Margaret Caldwell, who allegedly died due to N2O, the case is before Judge Anne-Leigh Gaylord Moe and accuses companies, including Galaxy Gas, United Brands, Looper, and others, of misleading marketing and negligence.
The lawsuit seeks damages and injunctive relief for U.S. consumers who purchased nitrous oxide products from smoke shops.
Key causes of action include:
- Strict product liability
- Violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA)
- Unjust enrichment and declaratory relief, with plaintiffs seeking to ban further sales through smoke shops
The plaintiffs also request that the court recognize both a nationwide class and a Florida subclass. This case could pave the way for a Galaxy Gas class action and potentially link to other smoke shop lawsuits across the country.
Iannotti v. Galaxy Gas, LLC et al
Filed in February 2025 in the Northern District of Georgia, this related Galaxy Gas lawsuit centers on claims of design defect, negligence, breach of warranty, and fraudulent concealment. Plaintiffs allege that the company knew its products were being abused as inhalants yet failed to provide adequate warnings or redesign the packaging to prevent misuse.
Recent filings show ongoing motions to dismiss and transfer the case to Florida, where many similar lawsuits are emerging. Observers note that these cases could eventually consolidate into a multidistrict nitrous oxide addiction lawsuit.
What Are the Allegations in the Nitrous Oxide Inhalant Abuse Lawsuits?
Across both cases, plaintiffs argue that companies marketed nitrous oxide for inhalation rather than culinary use. The lawsuits claim that colorful, candy-flavored canisters and influencer promotions on social media platforms like TikTok and Instagram targeted minors and young adults.
The lawsuits allege:
- Deceptive labeling: Products falsely described as “culinary use only” while sold in smoke shops alongside balloons and inhalation tools.
- Youth-oriented branding: Bright designs and candy flavors allegedly encouraged misuse.
- Inadequate warnings: Labels reading “do not inhale” were deemed insufficient given known dangers.
- Legal violations: Some canisters allegedly exceeded state weight limits and were sold without age or quantity restrictions.
This alleged pattern of dangerous product marketing has drawn comparisons to tobacco industry tactics, with consumer advocates pointing to Big Tobacco lawsuits.
Qualifying injuries alleged in current nitrous oxide lawsuits include:
- Addiction/dependence: Associated with recreational nitrous oxide use
- Neurological injury and peripheral nerve damage: Numbness, paresthesia, and cognitive/brain impairment
- Hypoxia/oxygen-deprivation complications: Breathing and oxygen loss events tied to inhalation
- Wrongful death: Estate and relative estate claims alleging fatal outcomes
These allegations reflect issues raised in pending complaints. To date, no court has made findings.
Who May Qualify to Join Nitrous Oxide Lawsuits Once They Are Certified?
If courts approve class certification, several categories of individuals may be eligible to join the nitrous oxide lawsuit or related cases such as the Galaxy Gas lawsuit, United Brands lawsuit, and Looper nitrous oxide case. While eligibility criteria can vary depending on jurisdiction and final court rulings, potential claimants may include:
- Those who bought canisters marketed under brands like Galaxy Gas, Looper, or other defendants’ names from smoke shops or online retailers may qualify, especially if the products were labeled or presented as culinary items but intended for inhalation
- Individuals who experienced neurological symptoms, numbness, nerve damage, or laughing gas addiction linked to the inhalation of recreational nitrous oxide
- Relatives pursuing a wrongful death case in Florida
- Individuals allegedly misled by deceptive or dangerous marketing practices
- Consumers who purchased nitrous oxide from smoke shops or online retailers
Legal Status: What’s Next
As of late 2025, both the Dial and Iannotti cases remain pending, with motions to dismiss and transfer under judicial review. No settlements or deadlines have been announced. Plaintiffs continue to seek nationwide class certification, arguing that the issue affects consumers across multiple states.
The ongoing nitrous oxide lawsuit filings represent an expanding effort to hold manufacturers and distributors accountable for the reported rising toll of addiction, injury, and death linked to recreational nitrous oxide. With multiple courts examining whether companies like Galaxy Gas and United Brands prioritized profit over safety, the outcome of these cases could shape future standards for product labeling, youth marketing, and inhalant regulation.
If you or someone you know has been affected by nitrous oxide products or suffered injuries related to their use, consult a qualified attorney to learn about your eligibility and legal options.
For plain-English updates and to check eligibility, visit OnlyClassActions.
Add Comment