Galaxy Gas Class Action Lawsuit Over Deceptive Marketing of Nitrous Oxide Amended

Additional plaintiffs and defendants have been added to the original lawsuit over nitrous oxide addiction risks from Galaxy Gas and other similar flavored products.

Amid a growing number of lawsuits being filed over the recreational use and marketing of nitrous oxide gas, a class action complaint against Galaxy Gas has been refiled with new plaintiffs, expanded claims and additional defendants to address issues raised in the company’s attempt to have the case dismissed.

The Galaxy Gas class action lawsuit was originally brought by Jacob Iannotti in February 2025, seeking compensatory damages on behalf of individuals nationwide who became addicted to the company’s flavored nitrous oxide products.

The complaint alleges that although Galaxy Gas canisters are marketed as culinary tools, they are intentionally designed and promoted for recreational inhalation, resulting in widespread use among teens and young adults, causing addiction, neurological injuries and other serious health consequences.

While nitrous oxide is commonly used in medical settings and food preparation, inhaling the gas can cause a brief euphoric high, often referred to as doing “whippits.” The lawsuit points to the growing presence of these products in vape shops and convenience stores, where they are marketed with colorful packaging, sweet flavors and accessories that facilitate direct inhalation.

Galaxy Gas now faces allegations that it misled consumers and knowingly contributed to dangerous patterns of misuse. The case is part of a broader wave of nitrous oxide lawsuits being filed against manufacturers and distributors, which claim that the companies placed profits over public health by fueling recreational abuse under the guise of culinary use.

FDA Nitrous Oxide Warning

Roughy one month after the original Galaxy Gas class action lawsuit was filed, the U.S. Food and Drug Administration (FDA) issued a safety warning regarding the risks of nitrous oxide inhalation, cautioning that it has seen a surge in reports of brain damage, paralysis, hallucinations and deaths linked to brands like Galaxy Gas.

The agency emphasized that despite being sold in culinary-style packaging, these products are frequently misused for their intoxicating effects, particularly by teens and young adults. The FDA urged consumers to seek medical attention if symptoms appear and to report adverse events.

In April, Galaxy Gas filed a motion to dismiss the lawsuit, claiming that plaintiffs failed to adequately allege any specific injuries linked to their nitrous oxide products, and that the complaint failed to distinguish between the actions of individual defendants named in the case.

On May 5, the Court issued an order (PDF) granting plaintiffs permission to respond by filing an amended complaint (PDF), which they did so on June 11. The filing is meant to address some of Galaxy Gas’s complaints, but plaintiffs maintain that their case against the company is still clear.

According to the lawsuit, Galaxy Gas canisters are marketed in enticing flavors like “mango smoothie” and “vanilla cupcake,” with packaging designed to appeal to teens and young adults. Despite claims that the products are meant for culinary purposes, they are predominantly sold through smoke shops and websites alongside smoking paraphernalia.

“Illicit users dominate the retail market for nitrous oxide with only a slight fraction of total sales actually for legal, culinary use,” the amended complaint states. “This is widely known, and in recent years many in the smoke and vape industry have seized on the opportunity to sell nitrous oxide to illicit users under the guise of ‘for food use only’ type packaging disclaimers. Seeing big dollar signs and having no moral compass, the Amors set out to exploit this massive illicit market, and Galaxy Gas was born.”

Additional plaintiffs have been added to the complaint, including Matthew R. Berry, Mitchell Allen and Loren Mulville, as well as additional defendants, including Pluto Brands, LLC, Elite Retail LLC, 11Sixtysix, LLC, as well as Bensalem Amor, Sammy Amor and Karin Amor, who head Galaxy Gas, LLC.

Defendants’ response to the amended complaint is expected to be filed by June 30, through an answer or updated motion to dismiss. Plaintiffs’ response to any motion defendants file will be due by July 30.

Nitrous Oxide Addiction Lawsuits

Amid growing concerns over the safety and marketing of these products, nitrous oxide inhalation lawsuits are now being reviewed for individuals who developed addiction or neurological injuries after using Galaxy Gas or similar products.

The lawsuits allege that nitrous oxide canisters and similar products are widely marketed through smoke shops and online retailers, featuring flavors and packaging that is designed to appeal to teens and young adults. Despite the serious health risks, the lawsuits claim that manufacturers made deceptive statements about their products and failed to provide adequate warnings.

Nitrous oxide injury and wrongful death lawyers currently provide free consultations and case evaluations for individuals throughout the U.S. who may qualify for financial compensation through a Galaxy Gas lawsuit.

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