Galaxy Gas Indicates Class Action Lawsuits Over Nitrous Oxide Canisters Should Be in Same Court

The manufacturer also filed a motion to dismiss a South Carolina man’s lawsuit over Galaxy Gas canisters, claiming it failed to properly plead a claim.

At least two separate Galaxy Gas class action lawsuits have been filed in different federal courts, each raising similar allegations that manufacturers of the controversial nitrous oxide canisters should be held responsible for widespread addiction and injuries experienced by individuals who inhaled the products recreationally.

In February, Kathleen Dial filed a class action lawsuit against Galaxy Gas and other manufacturers, claiming that a Florida woman, Margaret P. Caldwell, died due to an addiction to nitrous oxide sold at vape shops for recreational use. The complaint accuses Galaxy Gas and multiple other manufacturers and vendors of misbranding nitrous oxide, and deceptively marketing a dangerous chemical as safe for recreational use.

Shortly after, a similar class action complaint was filed by Jacob Iannotti, of South Carolina, seeking compensatory damages on behalf of himself and other similarly situated individuals nationwide, who became addicted to Galaxy Gas canisters, which are flavored nitrous oxide products.

After filing motions to dismiss each of the claims, Galaxy Gas filed a recent motion asking that the claim filed by Iannotti be stayed until the Caldwell claim is resolved, or transferred to the same judge for convenience and efficiency.

Recreational Nitrous Oxide Risks

Nitrous oxide, also known as “whippits” or “laughing gas,” is commonly used in medical and culinary settings. However, recreational use can cause euphoria, hallucinations and other dissociative effects. Prolonged or repeated use can lead to addiction, nerve damage, brain injury and even death.

About a 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.

As the use of flavored nitrous oxide canisters continues to rise, Dial and Iannotti’s complaints are expected to be the first of many nitrous oxide lawsuits brought by individuals nationwide who have been seriously harmed, or by families who have lost loved ones due to inhalation-related injuries.

Late last month, Galaxy Gas and Pluto Brands LLC filed a motion to stay or transfer (PDF) Iannotti’s lawsuit to the Middle District of Florida, which is the same court handling Dial’s class action lawsuit, or stay the litigation for the time being.

The defendants say the transfer should happen due to what is known as the “first-file rule,” pointing out that Dial’s lawsuit was filed first. Since both are nationwide class action lawsuits addressing the same issues, such as claims of deceptive trade practices, unjust enrichment and strict liability, they argue that Iannotti’s lawsuit should be considered part of Dial’s class action.

However, the defendants also note that other courts “have found a stay may be more appropriate than transfer where the jurisdiction of the first-filed court is in question.”

On the same day, Galaxy Gas also filed a motion to dismiss (PDF) the Iannotti lawsuit, claiming it should be dismissed because it uses a “shotgun” approach to pleading, filed to state a claim for relief and that Iannotti had no standing.

“Plaintiffs’ claims are bare of any case-specific facts and merely recite the elements of the claims. This is insufficient to state a claim under Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure.”

– Galaxy Gas Memorandum of Law on Motion to Dismiss

Nitrous Oxide Lawsuits

Due to growing concerns over its marketing and increasing use, nitrous oxide lawsuits are now being reviewed for individuals who developed addiction or neurological injuries after using Galaxy Gas or similar products.

Each complaint alleges that nitrous oxide canisters are widely marketed through vape shops and other retailers by side-stepping laws against recreational use, despite serious health risks.

Nitrous oxide injury 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.