Nitrous Oxide Lawsuits: Did You or a Family Member Suffer Heart, Brain Damage or Neuropathy?

Attorneys working with ClassAction.org are looking to file lawsuits on behalf of individuals who suffered serious harm, including death, from use of nitrous oxide canisters, also known as whippets, whip-its, whippits, laughing gas, hippie crack, NOS or galaxy gas.

The canisters have drawn strong criticism from media outlets, lawmakers, regulatory agencies and attorneys alike, particularly for the way they are sold, packaged and marketed—in a way that allegedly encourages misuse and appeals to vulnerable populations, including youth.

Specifically, attention has been drawn to the products’ hippie- and cosmic-inspired designs, youth-enticing flavors like cotton candy, excessive size (in one example, large enough to make 22,000 servings of whipped cream) and availability in smoke shops—all of which run in stark contrast to the defense from manufacturers: that the products are for culinary use only.

Even amid reports of life-altering injuries and vehicular accidents, the canisters continue to be readily available online, at smoke shops and in gas stations.

Now, however, some manufacturers, smoke shops and other parties are facing legal action over claims that they’re fully aware of how the products are being used and are responsible for the harm being caused to consumers and their families. 

Nitrous Oxide Adverse Effects

Nitrous Oxide and B12: What’s the Connection?

Inhalation of nitrous oxide can impair the body’s metabolism of B12, a vitamin that’s crucial for maintaining the body’s myelin sheath, an insulating layer that helps protect nerves in the brain and spinal cord.

Heavy or sustained use of nitrous oxide can result in B12 deficiency, a condition that can cause physical, neurological and psychological symptoms. Symptoms of vitamin B12 deficiency include numbness or tingling in the hands, feet and legs; balance problems; cognitive difficulties; anemia; muscle weakness; and fatigue.

Left untreated, vitamin B12 deficiency can lead to paralysis, depression, paranoia, memory loss, and peripheral neuropathy, an early sign of which is numbness in the fingers.

Nitrous Oxide: Long-Term Effects

Heavy use of nitrous oxide can cause serious damage to the nervous system, which includes the brain, spinal cord and nerves and is responsible for sending messages between the brain and other parts of the body. These messages regulate things like balance and coordination; heartbeat and breathing patterns; and thoughts, memory and learning. 

As put by Dr. Amir Garakani of Yale University, speaking to a local Fox News outlet about nitrous oxide abuse:

People look like they’ve had spinal cord injuries. It can start as simple as something called neuropathy; tingling sensations in their extremities, arms, and legs... to having problems with muscle pains and nerve pains in their legs, and difficulty walking to the point where people sometimes become bed bound.”

Long-term use of nitrous oxide has also been associated with certain blood-related, psychiatric and cardiovascular effects.

Is Nitrous Oxide Addictive?

Several sources indicate that while nitrous oxide is not physically addictive in the same way as alcohol or opioids, it can lead to psychological addiction, compulsive behavior and dependence.

According to the Alcohol and Drug Foundation, people who use nitrous oxide regularly can become dependent on it and may need to use the drug to go about their daily life. Regular users of nitrous oxide may also develop a tolerance and need to inhale more of the gas to get high.

American Addiction Centers goes a step further in stating that repeated use of inhalants like nitrous oxide can, in fact, result in addiction or substance use disorder.

A narrative review published in 2023 in the scientific journal Addiction provides support for that idea, concluding that nitrous oxide “could well be addictive and should be treated as a potentially addictive substance” while more research is conducted. A commentary article published in the same medical journal in January 2024 titled “Yes, nitrous oxide addiction undeniably exists!” states that “the current question is not whether N2O addiction exists, but rather how to inform the general population, identify users with negative consequences and establish guidelines for treatment.”

Indeed, both a proposed class action and wrongful death lawsuit involving the sale of nitrous oxide allege that it is an addictive and dangerous drug. Stories from Reddit users concur [sic throughout, emphasis ours]:

[T]ook my first whippit only 2 months ago. But since then not a single day has gone by where I haven’t huffed balloons… I’ve spent so much money, I’ve gone through thousands and thousands of these things … all of a sudden I’m totally broke for the first time in so long. I just ordered yet another 600 pack but even with that I couldn’t wait so I just went down to my local head shop and spent the last $90 in my bank account on a 100 pack. It’s so bad that the guy working there immediately recognized me and asked how many I wanted as soon as I walked in the door. My trash bags are completely filled with whippits, my legs and feet are numb and I’m having trouble walking. I don’t know how to stop.”
— MayoFace11, Reddit.com

I've been feeling like maybe I was some kind of wimp because of the way that nitrous just knocked me down flat. And worse when combined with DXM. Since they're considered teenager drugs I thought maybe I was just a complete wimp. But those two drugs have taken me down. To psychosis. Hospitals, Credit Card maxxed out, almost homeless. Im coming back but wow.”
— 54321_Sun, Reddit.com

I too have a nitrous addiction. Last time I did a 6-day marathon and came out shaking and screaming for more nitrous from the tank. I was literally beaten by a friend until I went home and slept. Then I went out the next day and continued for over 30 hours constantly huffing balloons. I've stopped now for a good few days but have a feeling the urge will come back at some point.”
— Soc-Minh, Reddit.com

I've seen this drug really destroy a lot of people over the last couple of decades here. It's big with burners, festival kids, tech bros and rednecks. I've seen seizures, head injuries, delusions, peripheral neuropathy and one friend ran into a lake. It also seems to do damage to the digestive system. It is addictive. If used frequently it destroys the myelin sheaths that protect nerves. Please supplement with B12 if you are using it”
— deleted user, Reddit.com

My Brother in law…developed a nitrous addiction about 6 months ago and he started changing. He wasn't the smiley, happy, laughing Brother I always knew. He eventually went into a psychosis, thought people were trying to kill him and he thought people had bugged his house. It got so bad he wrote a suicide note talking about his addiction and he killed himself. When his body was found, there were around 70 of the really big cans hidden all over his house. We are currently trying to have a law passed in his name banning the sale of food grade nitrous without a restaurant or liquor license in our state.”
— Entire-Ruin9482, Reddit.com

Nitrous addiction is one of the worst. Knew a guy that spent tens, if not hundreds of thousands of dollars on nitrous. Nowaday …He's got extreme nerve pain, fibromyalgia, and all sorts of weird chronic/immune disorders he didn't previously have. It's really sad.”
— margielapaintsplat, Reddit.com

I think being addicted to that stuff is almost worse than meth…”
— Ok-Deer1293, Reddit.com

Nitrous addiction is [no joke], it eats away at your nerves in your spine and can cause chronic pain, motor retardation, and a bunch of other nasty things…”
— mmmfritz, Reddit.com

If you are struggling with addiction, please contact the free Substance Abuse and Mental Health Services Administration’s National Helpline or call 1-800-662-HELP (4357).

What Brands of Nitrous Oxide Are Under Investigation?

Is This a Class Action for Nitrous Oxide Complications?

Attorneys working with ClassAction.org are filing individual cases on behalf of those injured from using nitrous oxide products—they are not pursuing this matter as a class action lawsuit. This is because they believe the harm associated with nitrous oxide canisters is severe enough to warrant individual lawsuits.

Typically, class action lawsuits are filed on behalf of a large group of individuals who have suffered a relatively small harm, such as paying unlawful fees on an online order or buying beauty products that were falsely advertised as “natural.” In these instances, it makes sense for the case to be handled collectively, as the cost of separate lawsuits for affected individuals would outweigh any potential recovery.

Therefore, while millions have misused nitrous oxide at some point in their lives­—whether via the use of Galaxy Gas-like products or otherwise—attorneys are interested in pursuing these cases separately, seeking compensation for the specific damages and harm each individual and/or their family has suffered.

Have There Been Any Nitrous Oxide Class Action Lawsuits?

Yes. At least one proposed class action lawsuit has been filed, naming Galaxy Gas, Monster Gas, Baking Bad Group, United Brands, the companies behind the “Cosmic Gas” and “Looper Whip” brands, and a handful of Florida smoke shops as defendants.

According to the suit, the nitrous oxide canister products are being made, marketed and sold specifically for recreational drug use—and not for use in the kitchen, as the manufacturers claim—as part of a scheme that has resulted in widespread addiction, death, severe bodily harm and a “veritable national health crisis.”

Essentially, the lawsuit accuses the companies of exploiting a legal loophole that allows for the sale of nitrous oxide in a culinary capacity. The Atlantic summarized the issue simply:

Nitrous oxide is widely available as long as everyone pretends it’s being used for whipped cream.”

Notably, the woman who filed the proposed class action on behalf of her deceased sister told BBC News that her sister didn’t believe the products could hurt her “because she was buying it in the smoke shop, so she thought she was using this substance legally.”

Ultimately, the case alleges that consumers were not aware of the dangers of nitrous oxide and that the manufacturers were “unjustly enriched” as a result of their plot to market the products as “cool” and “safe” while misrepresenting or omitting key facts about their addictiveness and significant risk of injury and death.

Have Other Nitrous Oxide Lawsuits Been Filed?

Yes, at least two additional lawsuits were filed on behalf of individuals who died in auto accidents allegedly caused by drivers abusing nitrous oxide.

In January 2025, a wrongful death lawsuit was filed against Elite Gas, whose products include Hippie Whippy, Jumbo Whip, XL Whip and Nitrous Mafia, several Michigan smoke shops, and the estate of a driver who allegedly passed out after inhaling nitrous oxide while driving. According to the whippet lawsuit, the driver was inhaling nitrous oxide while operating a motor vehicle, lost consciousness, crossed a highway median and collided with another car, whose occupant succumbed to his injuries. According to reports, police found a large canister of Hippie Whippy in the passed-out driver’s lap. 

The lawsuit alleges a long list of nitrous oxide side effects, including nausea, vomiting, dizziness, vitamin B-12 deficiency, lung collapse, heart attacks, seizure, coma, asphyxiation, blood vessel hemorrhage in the lungs, and death, noting that repeated use can cause “serious and permanent physical and neurological injuries.”

In another case, a Missouri jury awarded $745 million in September 2023 to the parents of a 25-year-old woman who was hit and killed outside her workplace by a driver who reportedly passed out behind the wheel after inhaling Whip-It! nitrous oxide. The jury found that the distributor was 70 percent liable, the smoke shop was 20 percent liable, and the driver was 10 percent liable.

What’s Involved in Filing a Nitrous Oxide Lawsuit?

If you decide to pursue a nitrous oxide injury lawsuit on behalf of yourself or a deceased family member, you will need to first hire an attorney experienced in handling these types of claims. They will likely begin by gathering relevant information and documents from you.

Once your lawyer has enough information, they will work on drafting what’s known as a complaint. This is a legal document that will name the companies that are being sued, explain why they’re being sued and outline the harm suffered by you and/or your family. The complaint will also include the names and contact details of your attorneys, the damages you are seeking and the court where the document will be filed.

If your case does not settle and is not dismissed, it will proceed to jury trial; however, courtroom trials have become increasingly rare in civil cases.

Interested in filing a lawsuit? Fill out the form on this page to get in touch at no cost and with no obligation.

What Could I Get from a Nitrous Oxide Lawsuit?

How Much Does a Lawyer Cost?

Attorneys working with ClassAction.org are handling nitrous oxide lawsuits on a contingency fee basis. This means they will only get paid if they win your case, and their payment will come as a percentage of your jury award or nitrous oxide settlement.

Take Action for Nitrous Oxide Health Effects

If you or a family member experienced serious nitrous oxide side effects, including brain damage, heart attack, neuropathy, nerve damage, stroke, or other complications, you may be able to take legal action.

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