Nitrous Oxide Class Action Lawsuit Filed Over Fatal Side Effects of Flavored Gas Sold In Vape Shops

Family of Florida woman who died after repeated use of flavored nitrous oxide canisters says Galaxy Gas and other companies illegally marketed the products as inhalants, targeting teens and vulnerable users.

A class action lawsuit has been filed against Galaxy Gas and a number of different companies, indicating that a Florida woman died after becoming addicted to nitrous oxide gas sold at local vape shops for recreational inhalation, even though they are supposedly intended for culinary use.

The complaint (PDF) was brought by Kathleen Dial in Orange County Circuit Court on February 6, 2025, acting as the personal representative of the Estate of Margaret P. Caldwell, who passed away in November 2024, after inhaling nitrous oxide behind a smoke shop in Orange County, Florida.

The nitrous oxide lawsuit names a wide range of companies as defendants, including vape and smoke retailers such as Fuego Smoke & Vape, Puffzilla and Moe’s Smoke Shop, as well as nitrous oxide manufacturers like Galaxy Gas, Looper, Monster Gas and others, claiming they knowingly manufactured and sold flavored, large-volume nitrous oxide products intended to be abused as inhalants.

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

As the use of flavored nitrous oxide canisters continues to rise, Dial’s complaint is likely to be among many nitrous oxide lawsuits expected from individuals who have been seriously harmed, or from families who have lost loved ones due to inhalation-related injuries.

According to the lawsuit, the defendants aggressively marketed their nitrous oxide canisters in enticing flavors, such as “mango smoothie,” “vanilla raspberry” and “cotton candy,” packaged in colorful, whimsical designs that appealed to young people.

Despite being labeled as culinary tools, the lawsuit indicates Galaxy Gas and other popular nitrous oxide products are sold almost exclusively through vape shops and smoke retailers that cater to recreational users.

The complaint details how Margaret Caldwell, a Florida resident, was first exposed to the gas through social media posts and influencer promotions, which portrayed the product as trendy and harmless. Drawn in by the branding and easy accessibility, Caldwell began purchasing nitrous oxide canisters from at least seven different smoke shops in Central Florida.

Over time, she developed a severe addiction, often consuming the gas in the parking lots immediately after purchase. Employees at several shops allegedly noticed her frequent visits and even criticized her for leaving behind empty canisters, yet continued to sell to her.

On November 22, 2024, Caldwell was found dead behind one of the same smoke shops where she had routinely purchased the gas. The lawsuit claims she died after inhaling nitrous oxide from a canister that far exceeded the legal volume allowed under Florida law. Her death, the complaint argues, was the direct result of repeated exposure to a product designed, marketed, and sold for abuse.

Despite the fact that selling more than 16 grams of nitrous oxide is a third-degree felony under Florida law (Fla. Stat. §877.111(4)), the lawsuit alleges that most of the products Caldwell purchased exceeded that limit. The complaint also accuses the manufacturers of misbranding and adulterating the gas in violation of Fla. Stat. §499.005, arguing that by flavoring and packaging the products as if they were food items, the companies deceptively marketed a dangerous chemical as something safe.

The lawsuit seeks to represent individuals nationwide who purchased nitrous oxide products from smoke shops, alleging they were misled into believing the products were safe and intended for legitimate use. Claims against the manufacturers include strict product liability, unjust enrichment, and violations of Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA), based on deceptive marketing and targeting of minors.

In addition to damages, the lawsuit asks the court to issue an injunction barring smoke shops from continuing to sell nitrous oxide for recreational use.

“Defendants manufactured and distributed products that result in addiction and cause grievous bodily harm to the public,” the lawsuit states. “There is no lawful justification for selling N-0 Products, which are ostensibly cooking accessories, at smoke shops. Sales at smoke shops are unequivocally aimed at consumers who will use N-0 Products for inhalation, will get addicted, and suffer severe physical harm or death.”

Smoke Shops Targeted as Defendant Class

In a rare legal move, the lawsuit also seeks to certify a defendant class of smoke shops, potentially including thousands of retailers nationwide that sell flavored nitrous oxide products alongside vapes, pipes and tobacco products. The plaintiff argues that there is no legitimate reason for a culinary product to be sold in such establishments, and that the smoke shops knowingly sold the gas for recreational use, despite its dangers.

The case may have sweeping implications for both the vape retail industry and nitrous oxide regulation nationwide. If certified, the case could set a new precedent for holding retailers accountable for selling products that are widely misused, despite being technically legal.