Amazon, Online Nitrous Oxide Sellers Face Class Action Lawsuit Over Health and Safety Risks

Dozens of plaintiffs nationwide say their ability to freely buy nitrous oxide on the Amazon.com website led to their addictions.

About 100 different plaintiffs have signed on to a lawsuit against Amazon.com and a number of third-party retailers, indicating that the delivery service helped promote and sell nitrous oxide for illegal recreational use, leading to addiction and severe health consequences.

The complaint (PDF) was brought on August 26 in the Superior Court of the State of Washington in King County. It involves an extensive list of defendants, including Amazon.com Services LLC, Amazon.Com Inc., and online nitrous oxide sellers like Galaxy Gas, Miami Magic, Baking Bad Group Inc., Goo Sticks, Exotic Whip, Monster Gas and many others.

Plaintiffs claim that Amazon and the sellers knowing sold massive amounts of nitrous oxide in large containers, alluring flavors and often with accessories that have no other use but as a recreational drug. The lawsuit alleges this makes Amazon a key component in the illegal distribution of nitrous oxide.

Nitrous Oxide Concerns

Nitrous oxide is a gas typically used as an anesthetic in medical and dental procedures, as well as in food preparation. However, the gas can also be inhaled for a brief, euphoric high. The practice, often referred to as doing whippets, deprives parts of the brain and body of oxygen and can lead to addiction and serious health consequences, such as physical, neurological and cognitive injuries, including paralysis, brain damage, vitamin B12 deficiency, addiction and death.

Concerns over nitrous oxide addiction have grown in recent years as the canisters being sold have increased massively in size and have been sold directly to consumers as a thinly veiled recreational drug. They are often sold in vape shops as well as online on Amazon and other platforms under names such as Galaxy Gas, Baking Bad and Miami Magic.

As larger canisters became available and easily accessible, Amazon and its third-party retailers have faced a series of nitrous oxide addiction lawsuits, each alleging defendants knew their nitrous oxide products were being purchased for illegal use and encouraged such behavior, despite the risks of consumer injuries and addiction.

Online Nitrous Oxide Danger Allegations

According to the complaint, the plaintiffs all became heavy users of nitrous oxide, which they allege was fueled in part by how easily the products could be obtained.

The lawsuit claims Amazon played a central role in distributing nitrous oxide canisters and providing third-party sellers with a platform to market the products directly to consumers, contributing to repeated use and addiction.

Plaintiffs claim that as a result, they have suffered serious injuries, including spinal cord and brain damage, paralysis, mobility and coordination problems, memory loss, numbness, weakness, loss of consciousness, blood clots, vitamin B12 deficiency and psychiatric problems such as hallucinations, paranoia and depression.

“These injuries resulted from Plaintiffs inhaling nitrous oxide that was manufactured, promoted, sold, distributed, or supplied by Amazon and the Manufacturer Defendants.”

— Aislinn Marsden et al. v. Amazon.com Services LLC et al.

Amazon allegedly has sole discretion over whose products are sold on its website and yet still allowed the sale of products designed for obviously illegal use. Additionally, years of research has warned of injuries and deaths linked to nitrous oxide recreational use, but the lawsuit notes that no such warnings were added to the products sold on Amazon.

The lawsuit argues that the consumers had no way to know the true dangers of nitrous oxide inhalation. However, they say Amazon and its retailers did, but refused to warn consumers that recreational nitrous oxide use was illegal and put them at risk of severe injury or death.

The plaintiffs present claims of failure to warn, negligence, breach of implied warranty, design defect, and liability for unfair or deceptive acts or practices in the conduct of any trade or commerce. They seek compensatory and punitive damages.

Nitrous Oxide Lawsuits

This complaint joins a growing number of similar nitrous oxide lawsuits being filed by individuals nationwide, who say Amazon and its retailers ignored the substantial risk of nitrous oxide injuries in an effort to capitalize on the widescale recreational use of the gas.

Plaintiffs say Amazon and manufacturers pushed nitrous oxide distribution even as evidence mounted that customers were buying canisters to inhale the gas rather than use it for food preparation.

Nitrous oxide injury lawyers are offering free case evaluations to individuals and families who have suffered injuries and may be entitled to financial compensation through a nitrous oxide lawsuit.

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