Judge Transfers Galaxy Gas Lawsuits Over Nitrous Oxide Canister Sales to Same Court

Class action claims raise similar allegations that Galaxy Gas and various retailers failed to adequately warn about serious risks associated with nitrous oxide canisters, which can result in brain damage and other side effects.

A federal judge has transferred a Galaxy Gas class action lawsuit originally brought in Georgia to Florida, where it will be overseen alongside another case that raises nearly identical allegations that the popular nitrous oxide canisters have been illegally marketed and sold for recreational inhalation, leading to addiction and injuries for consumers nationwide.

The merging of the two claims comes at the behest of Galaxy Gas LLC, which faces a growing number of similar individual and class action nitrous oxide lawsuits, alleging the company sold products that can cause neurological deterioration, cognitive and health impairments and other adverse physical and mental health problems.

One of the Galaxy Gas class action cases was brought by Kathleen Dial in Florida state court in February 2025, pursuing damages on behalf of Margaret P. Caldwell, who allegedly died due to a nitrous oxide addiction. That case was subsequently removed by the manufacturer to the U.S. District Court for the Middle District of Florida on March 27, 2025.

Weeks later, Jacob Iannotti filed a similar Galaxy Gas lawsuit in the U.S. District Court for the Northern District of Georgia, with both claims seeking class action status to pursue damages on behalf of all individuals nationwide who purchased and became addicted to Galaxy Gas’s flavored nitrous oxide products.

Nitrous Oxide Addiction Concerns

Nitrous oxide is traditionally used in medical settings and food preparation. However, inhaling the gas can cause a brief euphoric high, resulting in it acquiring the street name “whippits.” Amid the widespread abuse of nitrous oxide, Galaxy Gas and a number of similar products have been increasingly sold directly to young adults in vape shops and online stores, where they are marketed with colorful packaging, sweet flavors and accessories designed to facilitate direct inhalation.

Earlier this 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 linked to brands like Galaxy Gas among teens and young adults.

As it became apparent that Galaxy Gas and other manufacturers were attempting to profit off of the dangerous trend, a number of nitrous oxide lawsuits have been filed, seeking to hold the company accountable for failing to adequately warn about the serious health risks associated with inhaling the gas from their canisters.

In late August, Galaxy Gas and another defendant, Pluto Brands LLC, filed a motion seeking to have Iannotti’s lawsuit either stayed until the Caldwell claim could be resolved, or transferred to the same Florida judge to maximize convenience, efficiency and coordination.

The defendants asked for the transfer under the “first-to-file rule,” pointing out that Caldwell’s class action lawsuit over Galaxy Gas was brought before the claims presented by Iannotti.

Despite the plaintiff’s opposition to the move, U.S. District Judge Mark H. Cohen, in the Northern District of Georgia, issued a court order (PDF) agreeing with the defendants and ordered the Iannotti case transferred to the Middle District of Florida earlier this month.

“Because Caldwell is broader in scope and encompasses the narrower issues and parties in lannotti, there is sufficient overlap between first-filed Caldwell and second-filed lannotti cases to apply the first-filed rule. Further, there are no compelling circumstances in this case to avoid application of the rule.”

– U.S. District Judge Mark H. Cohen, Northern District of Georgia

Judge Cohen rejected an argument by plaintiffs indicating that the Iannotti lawsuit should be considered the first federally filed claim because the Caldwell lawsuit, while filed in state court in February, was not transferred to federal court until March.

Galaxy Gas Lawsuits

Despite mounting litigation and public health warnings, Galaxy Gas and other nitrous oxide canister brands continue to sell their products through smoke shops, vape stores, gas stations and online retailers, including brands such as Baking Bad, Cosmic Gas, HOTWHIP, InfusionMax, MassGass, Miami Magic and Whip-It!.

The nitrous oxide addiction lawsuits claim manufacturers like Galaxy Gas have failed to provide adequate warnings and used deceptive marketing tactics to promote the canisters as safe or harmless. Former users and family members are seeking to hold those manufacturers accountable for injuries caused by them placing profits over consumer safety.

Nitrous oxide attorneys are currently offering free consultations to individuals and families who may be eligible for compensation through a Galaxy Gas lawsuit, or lawsuit against another nitrous oxide canister manufacturer.