Nitrous Oxide Sales Restrictions Pass California Legislature Amid Growing Abuse Concerns

Lawsuits allege manufacturers and distributors marketed large, flavored nitrous oxide canisters to recreational users despite knowing the products were being abused to get high.

California lawmakers have unanimously approved legislation restricting consumer sales of large nitrous oxide canisters amid growing concerns about recreational abuse of the products, commonly known as “whippets.”

State Senator Catherine Blakespear announced in an August 27 press release that Senate Bill 936 had cleared the California Legislature and was headed to Governor Gavin Newsom. The legislation would prohibit public sales of nitrous oxide canisters containing more than 8 grams of the gas while maintaining exceptions for legitimate medical, dental, culinary and automotive uses.

The California bill is the latest response to concerns that large nitrous oxide canisters, particularly flavored varieties, are readily available to young consumers and increasingly being inhaled recreationally.

Nitrous Oxide Abuse Risks

Nitrous oxide is a colorless gas with legitimate uses as an anesthetic during medical and dental procedures and as a propellant in whipped cream dispensers. However, recreational use has become increasingly common among teens and young adults in the United States, who inhale the gas to produce a brief feeling of euphoria or intoxication.

As nitrous oxide misuse has become more widespread, health concerns have also increased. Repeated or heavy inhalation has been linked to loss of consciousness, severe vitamin B12 depletion, nerve and neurological damage, difficulty walking and other potentially life-threatening complications.

Those health concerns have fueled a series of nitrous oxide lawsuits against Amazon and other companies that distribute or manufacture the products, with plaintiffs alleging large, flavored canisters were marketed in ways that encouraged recreational inhalation despite the risk of addiction and serious injuries. Plaintiffs maintain the companies prioritized sales and profits despite the risks posed to consumers and public health.

Nitrous Oxide Sales Restrictions

Blakespear maintains the 8-gram limit imposed by SB 936 is intended to curb recreational nitrous oxide abuse by restricting access to the large-capacity canisters that allow users to inhale substantially greater amounts of the gas. 

She also points out that the legislation received unanimous support in both chambers of the California Legislature, passing the Assembly in a 78-0 vote before receiving final Senate approval by a vote of 39-0. The measure is also backed by about 100 organizations and co-sponsored by Orange County, San Diego County District Attorney Summer Stephan and several advocacy groups.

If signed into law, California would join multiple jurisdictions restricting retail sales of nitrous oxide products in large quantities amid concerns about recreational abuse. According to Blakespear’s office, Nebraska and Louisiana have already adopted restrictions on whippet sales, while California’s Humboldt, Orange, San Mateo and Santa Cruz counties have enacted similar local measures.

“Nitrous oxide is addictive, it’s dangerous and it’s readily available. SB 936 puts a stop to its wide distribution for non-legitimate purposes.”

— California Senator Catherine Blakespear

In addition to the state and local legislation, U.S. Representative Kevin Mullin of California introduced the federal Nitrous Oxide Safety Act (H.R. 7945) in June, which seeks to prohibit consumer retail sales nationwide while maintaining avenues for legitimate medical and industrial purchases.

The federal proposal was described as an outgrowth of efforts by families whose children suffered injuries or died following nitrous oxide addiction and abuse, with lawmakers raising concerns about the evolution of whippets from small culinary cartridges into large, flavored tanks that can facilitate repeated recreational inhalation.

Nitrous Oxide Lawsuits

As lawmakers move to restrict recreational nitrous oxide sales, manufacturers and retailers are also facing lawsuits alleging they continued marketing and selling large canisters despite signs the products were increasingly being purchased for inhalation rather than legitimate culinary or commercial uses.

Whippet injury lawyers are reviewing potential claims for individuals and families affected by serious complications linked to nitrous oxide abuse, including neurological damage, vitamin B12 depletion, loss of mobility, addiction and other long-term injuries. Free case evaluations are available to determine whether financial compensation may be available.

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