Dozens File Joint Nitrous Oxide Addiction Lawsuit Against Amazon, Third-Party Retailers

Nearly 100 people say they suffered nitrous oxide addiction and serious health problems because of illegal sales through Amazon.

Amazon and several retailers who sell through the shopping website face a multi-plaintiff lawsuit alleging they knowingly sold nitrous oxide illegally for recreational use, resulting in addictions and injuries.

The complaint (PDF) was filed in Washington state superior court on October 2. In addition to Amazon.com LLC, the lawsuit, filed by about 100 plaintiffs from across the country, also names Galaxy Gas LLC, Baking Bad Group Inc., Miami Magic, Monster Gas and other nitrous oxide manufacturers and distributors as defendants.

The plaintiffs say Amazon and the others intentionally sold large amounts of nitrous oxide gas to consumers who they knew were using it recreationally, which is illegal. The sites went as far as selling accessories to help with inhalation, a form of drug use known as whippets.

Nitrous Oxide Addiction

Nitrous oxide is a gas used primarily for anesthesia during medical and dental procedures, as well as in food preparation. It can also be inhaled for a brief, euphoric high that can quickly become an addiction.

In recent years, concerns over recreational use of nitrous oxide have increased, as large canisters, unfit for anything but recreational use, began being sold in smoke and vape shops, and then online through Amazon by companies such as Galaxy Gas and Miami Magic. These distributors sell the large canisters in fruity and sweet flavors, with ads which allegedly make very little pretense that the canisters are meant for anything but recreational use.

Nitrous oxide addiction brings an increased risk of adverse health problems, such as paralysis, neurological problems, brain damage, vitamin B12 deficiency, frostbite injuries and death. In addition to federal violations, such as the Federal Analog Act, which bans recreational nitrous oxide use, many states have enacted even more stringent local laws restricting how it is sold and marketed.

Numerous nitrous oxide addiction lawsuits have been brought in federal courts nationwide, each alleging that consumers suffered injuries and addiction due to the illegal marketing and sale of the product. Individuals allege Amazon and other sellers have flagrantly flaunted the law and public safety to increase profits.

Nitrous Oxide Injury Allegations

Those who joined the new lawsuit report a wide range of health problems, including abnormal blood counts, blood clots, oxygen deprivation, frostbite, headaches, dizziness, fainting, heart palpitations and vitamin B12 deficiency, as well as neurological complications involving numbness, tingling, muscle weakness, paralysis, spinal cord damage and brain injuries. They also describe impaired bowel and bladder control, difficulty walking, reduced motor skills, poor coordination, abnormal gait, memory problems and psychiatric symptoms such as depression, paranoia, hallucinations and delusions.

The lawsuit states that these injuries were the result of inhaling nitrous oxide, which many thought was safe and legal because of how boldly the products were advertised on Amazon, without any warnings that the act was habit-forming or dangerous. Amazon allegedly enabled these sales by allowing recreational nitrous oxide dealers to sell their products through the website, according to the complaint.  

“This was not done by accident or through some justifiable negligence. Rather, Amazon and the Manufacturer Defendants knew they could profit by selling nitrous oxide to consumers for recreational consumption.”

– Nick Abarca et al. v. Amazon.com Services LLC et al.

Canisters allegedly continue to be sold through Amazon without adequate warning of the physical and legal risks, with nozzles for inhalation often listed under “Related Items” on the product pages, assigned by Amazon itself.

The lawsuit presents claims of failure to warn, negligence, breach of implied warranty, design defect, and unfair or deceptive acts or practices. It seeks both compensatory and punitive damages.

Nitrous Oxide Addiction Lawsuits

Amazon and the other defendants face a growing number of similar nitrous oxide addiction lawsuits in state and federal courts nationwide, accusing the retailers of continuing to sell large canisters obviously meant for illegal, recreational use, even amid growing worries over the health and societal impacts.

The complaints indicate consumers are never warned that they are placing their bodies at risk, or that they are in violation of the law, since most naturally assume that if the product is being sold and promoted on Amazon, it is a legal product.

Nitrous oxide addiction lawyers are reviewing potential lawsuits for individuals who suffered addiction, neurological damage or other serious side effects from recreational nitrous oxide use. Those affected, as well as their families, may be eligible to pursue financial compensation through a nitrous oxide lawsuit.

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