Whippet Injuries, Deaths Lead to Bill Seeking to Ban Retail Sale of Nitrous Oxide Canisters

Congressman says legislation represents efforts by a coalition of parents whose children have been injured or died due to nitrous oxide addiction and abuse.

Blaming social media trends for massive misuse, a U.S. lawmaker is pushing for a national ban on the consumer sale of nitrous oxide canisters, seeking to stem a recent wave of whippet injuries, addiction and abuse problems.

Representative Kevin Mullin, of California, introduced new legislation in June, the Nitrous Oxide Safety Act (H.R. 7945), which would ban retail sales of nitrous oxide throughout the U.S. The bill seeks to enact the ban while still leaving easily accessible avenues to purchase the canisters for legitimate use by medical professionals and in other industries.

Nitrous Oxide Risks

Nitrous oxide is traditionally used as an anesthetic in medical procedures and in food preparation. It can also be inhaled for a brief euphoric high, a process known as doing whippets, or whippits, so named because the practice began with the illegal use of small nitrous oxide canisters used to refill kitchen whipped cream dispensers.

In recent years nitrous oxide canisters have increased massively in size and have been sold directly to consumers as a thinly veiled recreational drug, often coming in sweet and fruity flavors, bright colors and with devices to help with inhalation. They are often sold in vape shops as well as online on Amazon and other platforms under names such as Galaxy Gas, Baking Bad and Miami Magic.

However, inhaling nitrous oxide can deprive parts of the brain and body of oxygen, putting users at risk of physical, neurological and cognitive injuries, including paralysis, brain damage, vitamin B12 deficiency, addiction and death. This has led to an increasing number of whippet lawsuits being filed against manufacturers and distributors, each alleging defendants knew their nitrous oxide products were being purchased for illegal use and encouraged such behavior, despite the risks of consumer injuries and addiction.

Nitrous Oxide Legislation

In a press release detailing the legislation, Mullin noted that more than 14 million Americans are believed to have abused nitrous oxide at least once in their life. Over the past decade, the number of deaths linked to nitrous oxide misuse have skyrocketed 578%, he noted.

The congressman indicates that social media and influencers have helped spread and promote the dangerous practice as a trend, particularly targeting young people, and often ending in tragic results.

“We have been hearing heartbreaking stories from parents whose children have been gravely injured, hospitalized with serious neurological problems, and in the worst cases even died from nitrous oxide misuse. The blatant branding of these products as a carefree party drug is absurd, and this dangerous inhalant is widely available online and at stores across America.”

– U.S. Representative Kevin Mullin, California

Mullin noted that some states have moved to ban nitrous oxide consumer use, and suggests that his legislation could fill the gaps for the states that have not. He indicated that the movement for a national ban has been led by a nationwide coalition of parents.

The Nitrous Oxide Safety Act’s provisions would prohibit the sale of nitrous oxide to consumers for household use. It would also prevent the promotion of nitrous oxide products toward youth for illegal purposes, while preserving access for licensed medical and dental professionals and legitimate industrial, food production, automotive and research applications.

In addition, Mullin’s legislation would leave a carve out for multi-ingredient foods that contain nitrous oxide as a key component, such as whipped cream canisters.

Whippet Lawsuits

As the legislation seeks to make its way through Congress, individual consumers are pressing forward with a growing number of lawsuits against nitrous oxide manufacturers and retailers, each raising similar claims that they ignored the substantial risk of whippet injuries in an effort to capitalize on a growing trend to abuse the gas.

Plaintiffs say manufacturers pushed nitrous oxide distribution even as evidence mounted that customers were buying canisters to inhale the gas rather than use it for food preparation.

Whippet injury lawyers are offering free case evaluations to individuals and families who have suffered injuries and may be entitled to financial compensation through a nitrous oxide lawsuit.

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