Sellers of Nitrous Oxide Canisters Commonly Abused Were Targeted by Sting Operation in Florida

Retailers illegally sold nitrous oxide canisters, often instructing undercover agents how to use them to get high.

An undercover operation in Florida has resulted in 70 felony arrests and 16 warrants, all targeting vape shops and other retailers who illegally sold nitrous oxide, also known as laughing gas or whippets, for recreational use.

The operation was headed by the Florida Department of Business and Professional Regulation’s Division of Alcoholic Beverages and Tobacco (ABT), and comes amid growing concerns over the potentially deadly side effects of nitrous oxide recreational drug use.

Nitrous oxide is generally approved for use in medical settings as a form of anesthesia and in food preparation. However, inhaling the gas can cause a brief euphoric high, which has led to widespread recreational use of nitrous oxide canisters.

In March, the U.S. Food and Drug Administration (FDA) issued a nitrous oxide overdose warning, raising concerns about increasing reports of recreational use leading to serious health problems, including brain damage, paralysis, hallucinations and death. The warning indicates whippets are increasingly being sold in vape shops and convenience stores, often marketed in colorful packaging and candy-like flavors critics say are designed to entice young consumers.

Due to these concerns, manufacturers and distributors of the canisters face an increasing number of nitrous oxide injury lawsuits filed by individuals who say the products are being irresponsibly marketed to teens and young adults for recreational use, despite the health risks.

Late last month, a press release from Florida Governor Ron DeSantis’s office announced that an undercover operation against illegal nitrous oxide sellers resulted in the largest number of statewide felony arrests in ABT’s history. According to the press release, the sting operation was part of the state’s “The Facts. Your Future.” anti-drug use campaign, which was started in December 2019 by DeSantis’s wife, Casey DeSantis.

For the sting operation, undercover agents were sent to buy nitrous oxide canisters from businesses with Florida Department of Business and Professional Regulation (DBPR) licenses. The agents reported that not only were retailers often willing to sell them nitrous oxide for recreational purposes, they also instructed them on how to use the canisters to get a recreational high.

“Florida will not tolerate dangerous substances that threaten our families. We are committed to protecting our children and holding those who endanger Floridians accountable. This operation sends a clear message: if you prey on Floridians, we will find you and bring the full force of the law against you.”

– Florida Lieutenant Governor Jay Collins

Florida is one of many states cracking down on nitrous oxide sales due to growing health concerns. Several other states have passed laws recently seeking to reverse that trend, including New York, Wisconsin, California and Massachusetts. Other states with nitrous oxide laws currently under consideration include Alabama, Louisiana and Minnesota.

According to a study published in JAMA Network Open in July, more than 13 million consumers in the U.S. say they have inhaled nitrous oxide at least once in their lifetime. The findings indicated nitrous oxide overdose deaths jumped from 23 in 2010, to 156 deaths in 2023, a 578% increase over 14 years.

Nitrous Oxide Lawsuits

Details about the Florida undercover operation come amid growing awareness of nitrous oxide overdose risks that have troubled many communities throughout the U.S., and increasing litigation from those who have suffered severe injuries or lost loved ones due to nitrous oxide inhalation.

According to the lawsuits, nitrous oxide canisters are widely available through smoke shops, gas stations and online retailers, often under brand names like Baking Bad, Cosmic Gas, Galaxy Gas, HOTWHIP, InfusionMax, MassGass, Miami Magic and Whip-it!

Despite the known health risks, plaintiffs allege that manufacturers failed to provide adequate warnings and used deceptive marketing tactics to promote the canisters as safe or harmless. The lawsuits seek to hold companies accountable for placing profits over public safety.

Nitrous oxide injury and wrongful death lawyers are currently offering free consultations to individuals and families nationwide who may be eligible for compensation through a nitrous oxide injury lawsuit.