Nitrous Oxide Lawsuit: Companies Accused of Misleading Marketing and Addiction Risks

Case Overview: A class action lawsuit claims nitrous oxide manufacturers and retailers misled consumers about the addiction risks of their products, leading to a Florida woman's death.

Consumers Affected: Consumers in the U.S. who purchased nitrous oxide products from the defendants.

Court: U.S. Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida

A group of nitrous oxide manufacturers and retailers is facing a lawsuit after a Florida woman died following a severe addiction to the gas, commonly known as "laughing gas" or "whippets." 

The lawsuit accuses the companies of deliberately marketing their products for recreational use while failing to warn consumers about the serious health risks, including addiction and death.

Filed by the representative of the deceased woman Margaret P. Caldwell’s estate, the lawsuit names more than a dozen companies, including major nitrous oxide distributors like Galaxy Gas, Looper, and United Brands, along with several Florida-based smoke shops. It argues that these companies misled consumers by marketing nitrous oxide with enticing flavors and packaging while distributing it primarily through smoke shops—businesses that specialize in selling products for inhalation, not cooking.

According to the lawsuit, these companies “knowingly manufacture and distribute products that result in addiction and cause grievous bodily harm to the public,” fueling what it describes as a growing national health crisis.

Lawsuit Alleges Nitrous Oxide Addiction Led to Death

Margaret P. Caldwell, a Florida resident, became addicted to nitrous oxide after purchasing it from multiple smoke shops named in the lawsuit. The lawsuit alleges that manufacturers and retailers promoted nitrous oxide as a safe and appealing product through social media and advertising.

In 2024, Margaret regularly bought nitrous oxide canisters, spending hours inhaling them in the parking lots of the stores where she made her purchases. Despite her frequent visits and visible signs of addiction, the lawsuit claims that no retailer attempted to stop her from buying more.

Tragically, on November 22, 2024, Margaret was found dead behind a smoke shop in Orange County, Florida, after inhaling nitrous oxide. The lawsuit alleges that her death was a direct result of her addiction, which was exacerbated by the manufacturers’ deceptive marketing tactics.

What Is Nitrous Oxide?

Nitrous oxide was first synthesized in 1772 and has been widely used in medicine as an anesthetic, in the automotive industry to boost engine performance, and in the food industry as a propellant for whipped cream dispensers.

However, nitrous oxide has also gained popularity as a recreational drug due to its ability to produce a brief high, causing euphoria, dizziness, and dissociation. The gas deprives the brain of oxygen, which can lead to serious neurological damage, addiction, and even death in high doses or prolonged use.

The use of nitrous oxide as a recreational drug has surged in recent years, fueled by social media trends and its easy availability in smoke shops. The market for nitrous oxide is projected to reach $3.19 billion by 2033, with young people being a major consumer base.

In the U.K., where possession of nitrous oxide is now illegal, the gas was the second most commonly used drug among people aged 16-24 in 2020, trailing only cannabis, the lawsuit explains. A similar trend has been observed in the U.S., where nearly 14 million people reported using nitrous oxide recreationally in 2022—an increase from 12.5 million in 2018.

Experts warn that the product’s packaging—featuring flavors like “mango smoothie” and “vanilla raspberry”—suggests it is being marketed directly to young consumers, creating the false impression that it is harmless.

Why Is Nitrous Oxide Dangerous?

While nitrous oxide may seem like a harmless party drug, medical experts warn that it can have severe and lasting effects on the body. According to Dr. Madeline Renny of Mount Sinai Health System, inhaling nitrous oxide can cause symptoms ranging from dizziness and heart palpitations to unconsciousness and even death. Long-term use can lead to vitamin B12 depletion, resulting in irreversible nerve damage, paralysis, and cognitive impairment.

Other Companies Face Similar Lawsuits

Several high-profile deaths have been linked to nitrous oxide abuse. In the U.K., a college student who regularly inhaled large amounts of the gas died due to “long-term complications.” In the U.S., a Missouri jury found United Brands liable for $720 million in damages after a driver high on nitrous oxide struck and killed a woman.

The lawsuit against nitrous oxide manufacturers follows a growing wave of legal action targeting the industry. In 2023, United Brands was found guilty of conspiring to sell nitrous oxide as a recreational drug after a fatal crash involving a driver who had inhaled their product, Whip-It!. The company was ordered to pay $720 million to the victim’s family.

Another lawsuit, filed in Florida in December 2024, accuses Galaxy Gas of knowingly selling nitrous oxide for recreational use. The plaintiff, Dominic DiSalvo, alleges that he became addicted to the gas, which he purchased from smoke shops that made no effort to prevent its misuse. His lawyer, Scott Schlesinger, compared the case to lawsuits against Big Tobacco, arguing that these companies are profiting from addiction.

Similar lawsuits have also been filed against the kratom industry, another controversial product sold in smoke shops. Plaintiffs claim that kratom—a plant-derived substance with opioid-like effects—is being misleadingly marketed as a natural remedy, despite its potential for addiction and overdose.

In the lawsuit against the nitrous oxide retailers and manufacturers, the representative for Caldwell wants to represent anyone in the US who purchased nitrous oxide products from the defendants. The representative is suing for violations of Florida business law, and unjust enrichment, and is seeking damages, enjoinment to stop the smoke shops from selling N-O products, costs, fees, and interest. 

Case Details

• Lawsuit: Kathleen Dial, as Personal Representative of the Estate of Margaret P. Caldwell v. Fuego Smoke & Vape LLC, et al.
• Case Number: 216214776 
• Court: U.S. Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida 

Plaintiffs' Attorneys

• Mike Morgan, John A. Yanchunis, James D. Young, Ronald Podolny, and Riya Sharma (Morgan & Morgan Complex Litigation Group)

Have you or someone you know been affected by nitrous oxide addiction? Share your thoughts on this lawsuit in the comments below.