Amazon Nitrous Oxide Lawsuit Alleges Platform Responsible for Whippet Injuries

Lawsuit alleges plaintiff was hospitalized and now requires a walker due to complications linked to use of nitrous oxide canisters bought on Amazon.

A Georgia man has filed a lawsuit accusing Amazon of selling nitrous oxide canisters that are widely used as an illegal recreational drug, alleging the easy availability of the products fueled his addiction and led to serious injuries.

The complaint (PDF) was brought by Josh Todd in the U.S. District Court for the Western District of Washington on January 23, naming Amazon.com Services LLC, Amazon.com Inc. and Commerce Enterprises Inc., doing business as Miami Magic, as defendants.

Traditionally, nitrous oxide is used in medical settings as anesthesia and for food preparation. However, inhaling the gas can cause a brief, euphoric high, often referred to as doing “whippets”. This has led to some manufacturers to market nitrous oxide canisters specifically for that reason. These products are being increasingly sold directly to young adults in vape shops and online, marketed in colorful packaging, sweet flavors and accessories designed to help facilitate direct inhalation.

Last year, the U.S. Food and Drug Administration (FDA) issued a safety warning about the risks of nitrous oxide inhalation, cautioning that health officials have seen a surge in reports of brain damage, paralysis, hallucinations and deaths among teens and young adults.

Todd’s complaint joins other nitrous oxide lawsuits filed in recent months, seeking to hold distributors and manufacturers accountable for failing to adequately warn consumers of the serious health risks linked to use of their products.

According to the lawsuit, Todd purchased nitrous oxide canisters through Amazon.com, including those made by Miami Magic. He notes that he purchased the canisters at a volume and frequency that should have set off alarm bells at Amazon.com., but the platform never attempted to intervene or adequately warn him of the health risks.

“Plaintiff was not aware of the risks associated with the recreational use of nitrous oxide. Instead, Plaintiff believed that Defendants’ nitrous oxide products were safe or presented limited and reasonable risk when used recreationally.”

– Josh Todd v. Amazon.com Services LLC et al

Todd notes that Amazon sells large canisters of Miami Magic and other nitrous oxide products to consumers that are clearly marketed for recreational drug use, such as being in flavors like watermelon, strawberry and blueberry.

Some manufacturers sell them in six packs of 2,000 grams of nitrous oxide each, which the lawsuit indicates is enough to fuel 1,400 whipped cream dispensers. Miami Magic sells them in four packs of 2,050-gram canisters. In addition to not preventing the sales, Amazon.com also sells attachments meant to make inhalation easier, according to the complaint.

As a result of his use of nitrous oxide, Todd indicates he developed vitamin B12 deficiency, diplegia, myelopathy, neuropathy, pulmonary embolism, muscle spasms, abnormalities of gait and mobility, and incontinence. The whippet injuries resulted in several months of inpatient care and physical therapy treatments, leaving him now dependent on walker.

He presents claims of failure to warn, negligence, breach of implied warranty, design defect, and unfair or deceptive acts in the conduct of trade or commerce.

Nitrous Oxide Lawsuits

Health agencies nationwide are growing increasingly concerned about cases like Todd’s due to the rapid rise of recreational nitrous oxide misuse. Despite reports of injuries, addiction and deaths linked to whippets, the nitrous oxide canisters remain widely available through smoke shops, gas stations and online retailers.

These products, often sold in brightly colored, fruit-themed packaging under names like Baking Bad, Cosmic Gas, Galaxy Gas, HOTWHIP, InfusionMax, MassGass, Miami Magic and Whip-it!, are frequently marketed in ways that appeal to teenagers and young adults seeking a brief euphoric high. 

Health experts warn that repeated nitrous oxide exposure can interfere with vitamin B12 function, leading to nerve and spinal cord damage that may begin with numbness or loss of sensation in the feet. In some cases, users report feeling disconnected from their lower limbs, a symptom doctors increasingly associate with serious neurological injury. 

In response, lawmakers and regulators nationwide have begun cracking down on recreational nitrous oxide sales. States and municipalities are enacting bans, tightening age restrictions, limiting quantities and pursuing enforcement actions against retailers openly selling the canisters for inhalation. Federal and state agencies have also issued warnings highlighting the known risks and the role of deceptive marketing in fueling the epidemic.

Todd’s Amazon nitrous oxide lawsuit joins others continuing to be filed nationwide, alleging that manufacturers and distributors failed to provide adequate warnings, marketed the canisters as safe or harmless and ignored clear signs that the products were being widely abused. Nitrous oxide injury and wrongful death lawyers are offering free consultations to individuals and families who may be eligible for compensation.

To stay up to date on this litigation, sign up to receive nitrous oxide lawsuit updates sent directly to your inbox.