States Move To Ban Nitrous Oxide ‘Whippet’ Sales Amid Rising Youth Addiction and Deaths

Government efforts to curb sales to youth could tip the scales in favor of nitrous oxide injury lawsuits alleging companies ignored clear warning signs.

A growing number of states and local governments are moving to ban the sale of nitrous oxide canisters, after a surge in teen addiction, neurological injuries and deaths linked to various different flavored products sold through vape and smoke shops nationwide.

Nitrous oxide, commonly known as “whippets” or “laughing gas,” has long been used as a dental anesthetic and as a propellant in whipped cream dispensers. However, over the past decade, the gas has increasingly been repackaged into colorful flavored canisters under brand names like Galaxy Gas and GreatWhip, and sold online or at smoke shops, far from the professional culinary and medical settings where the gas was once confined.

These canisters are often marketed in candy-colored designs and fruit-inspired flavors, which public health experts say disguise their dangers and appeal directly to teenagers and young adults seeking a quick, euphoric high.

Various different government health officials now indicate that what began as a trending party drug has rapidly escalated into a nationwide health crisis, as thousands of reports of injuries and fatalities have been linked to recreational use of the products.

Doctors and health regulators warn that chronic nitrous oxide inhalation can trigger functional vitamin B12 deficiency, cause numbness, loss of balance, muscle weakness, and, in severe cases, permanent paralysis or brain injury. Emergency rooms nationwide have reported a sharp rise in teens and young adults arriving with spinal cord lesions, cognitive decline and other neurological symptoms after heavy whippet use.

As a result, nitrous oxide lawsuits are now being filed against manufacturers and smoke shops over their alleged role in fueling the epidemic. Plaintiffs claim companies like Galaxy Gas and GreatWhip knowingly marketed the flavored canisters for inhalation while downplaying or omitting warnings about addiction, nerve damage and death. In addition, smoke shops allegedly sold the products in bulk without age verification or safeguards despite knowing they were being used to get high.

Efforts to Curb Nitrous Oxide Abuse Are Expanding Nationwide

Lawmakers, regulators and local officials are mounting a coordinated push to slow the rising wave of recreational nitrous oxide use. While many jurisdictions are now banning sales outright, others are tightening age restrictions, introducing new bills or ramping up enforcement against smoke shops that sell the gas for inhalation.

🏛 State and Local Bans

Several states and cities have moved beyond age limits to impose full or partial bans on nitrous oxide sales for recreational use.

• New York: Under NY General Business Law § 399‑hh, it is unlawful to sell whipped cream chargers (defined as steel cartridges filled only with nitrous oxide for use in whipped cream dispensers) to anyone under 21 years of age. The law does not restrict the sale of aerosol cans of whipped cream that incorporate the gas internally. (Justia Law)
• Wisconsin: Wisconsin Statute § 134.63 prohibits the sale of more than 24 cartridges of nitrous oxide in a single retail transaction. No age restriction is stated in that law for buyers in that provision. (Wisconsin Legislature Documents)
• Florida: Florida Statute § 877.111(4) declares that knowingly distributing, selling, purchasing, transferring, or possessing over 16 grams of nitrous oxide (for purposes of inhalation etc.) is a third‑degree felony, subject to defined exceptions. (Florida Legislature)
• Santa Ana, California: In May 2025, the city adopted an ordinance banning the sale and distribution of nitrous oxide for recreational use, except for lawful uses (e.g. medical, dental). (City of Santa Ana)
• Costa Mesa, California: In September 2025, Costa Mesa passed the first reading of an ordinance to ban the sale of nitrous oxide for recreational use (i.e., unless for legitimate food, medical uses, etc.), with penalties for violations. (Voice of OC)
• Northampton, Massachusetts: As of June 15, 2025, Northampton’s Board of Health regulation prohibits sale of nitrous oxide in most retail establishments (excluding kitchen supply and medical supply stores), limits sales to persons 21 or older, requires valid photo ID, and establishes penalties for violations. (Northampton Board of Health)

Officials in these jurisdictions say the bans are aimed at closing the “culinary use” loophole that has allowed flavored whippets to flood smoke shops.

📋 New Bills Targeting Whippet Sales

Lawmakers in several U.S. states are moving to crack down on the sale of nitrous oxide canisters amid growing concerns over youth misuse, addiction and related deaths.

• Louisiana: Senate Bill 98 would raise the minimum purchase age for most nitrous oxide products from 18 to 21, impose tougher penalties for illegal sales, and restrict products with flavor additives or flavor-labeled packaging, which would no longer qualify for medical, food-service or automotive exemptions. (LegiScan)
• Alabama: Senate Bill 78 would make manufacturing, selling or distributing nitrous oxide for recreational use a Class D felony, while classifying personal possession or use as a misdemeanor, with exemptions carved out for medical, automotive and food-service industries. (Alabama SB 78 – Enrolled Bill)
• Minnesota: House File 325 seeks to ban the retail sale of flavored nitrous oxide canisters marketed to consumers while preserving access for legitimate commercial and industrial uses. (Minnesota Legislature)

Supporters of these measures argue that removing flavored products and raising age limits could curb the youth market by stripping away the marketing tactics that make whippets seem harmless or fun.

⚖️ Regulatory Warnings and Enforcement Actions

Alongside new laws, regulators and law enforcement agencies are stepping up crackdowns on illegal whippet sales.

• The FDA updated its advisory in June 2025 to add more brands, warning that inhaling nitrous oxide “can result in serious adverse health effects, including death” (FDA advisory).
• The Indiana Alcohol & Tobacco Commission issued warnings to more than 8,000 tobacco and vape retailers this year, after undercover inspections found widespread illegal sales for inhalation (IN.gov release).
• In San Jose, CA, police busted four smoke shops for selling nitrous oxide and other controlled substances without licenses, arresting employees and seizing canisters (ABC7 News).

Authorities say these actions are aimed at disrupting what has become a thriving gray market, where products are sold under the guise of “culinary use” but openly marketed to teens.

Why These Actions Matter for Whippet Lawsuits

Public health officials say these new bans, enforcement crackdowns and legislative proposals are not only designed to protect youth from predatory marketing practices, but also serve as formal recognition that recreational nitrous oxide misuse is widespread and foreseeable.

Furthermore, attorneys argue this growing wave of government action supports their claims that manufacturers and distributors failed to control distribution, ignored evidence of youth targeting, and profited while knowing the products were being used to get high. In court filings, defendants have leaned on “for culinary use only” labels to argue injuries stemmed from intentional misuse.

However, as more jurisdictions enact bans, judges may view these injuries as a known and preventable hazard, strengthening claims for failure to warn, negligent distribution and deceptive marketing in the expanding slate of nitrous oxide lawsuits now being filed nationwide.

If you or a loved one have been harmed by nitrous oxide products, you may be entitled to financial compensation. Lawsuits are being reviewed for those who have suffered from:

• Nitrous oxide addiction
• Nerve damage or numbness
• Spinal cord injury or paralysis
• Cognitive impairment or memory loss
• Cardiac complications
• Wrongful death due to inhalation
• Health issues linked to repeated nitrous oxide usage, such as vitamin B12 depletion and cognitive problems
• Other serious injuries linked to repeated use

To determine if you or a loved one may qualify for a Galaxy Gas lawsuit, submit your information for a free review by a nitrous oxide injury lawyer, who can evaluate your potential claim and explain your legal options.