Whippet Smoke Shop Lawsuit Alleges Inhaling Nitrous Oxide Caused B12 Deficiency, Nerve Damage

Woman was diagnosed with B12 deficiency and other severe injuries after inhaling nitrous oxide gas from canisters openly sold in smoke and vape shops.

A Texas woman has brought a lawsuit against several whippet smoke shops, alleging they distributed nitrous oxide canisters for illegal recreational use and contributed to her addiction and injuries.

The complaint (PDF) was filed by Lacey Winters in Dallas County District Court on February 2, naming the nitrous oxide manufacturer Galaxy Gas, as well as numerous smoke and vape shops as defendants, alleging they knowingly sold a dangerous product for illegal recreational use.

Nitrous oxide has long been used as a dental anesthetic and in culinary uses, such as a propellant in whipped cream dispensers. However, in recent years the gas has been increasingly sold in large, flavored canisters marketed under brand names such as Galaxy Gas and sold through vape shops, smoke shops and gas stations for recreational nitrous oxide inhalation, known as doing “whippets.”

The canisters are often sold openly in bright, candy-colored designs and fruity flavors that hide the risks and appeal to teenagers and young adults, who inhale it to get a brief sense of euphoria. Many of the same whippet smoke shops also sell paraphernalia that is clearly and expressly designed to assist in nitrous oxide inhalation.

Such use has increased in recent years, along with reports of addiction and injuries, including blood clots, frostbite, headaches, psychiatric problems and other adverse effects from inhaling the gas.

Winters’ complaint joins a growing number of whippet smoke shop lawsuits filed nationwide over nitrous oxide use, alleging that the retailers failed to adequately warn consumers about the potential health risks and knowingly participated in the sale and illegal use of a dangerous product.

According to her lawsuit, Winters purchased nitrous oxide canisters at whippet smoke and vape shops between 2019 and 2024. Winters indicates she began with small 8g chargers, but gradually worked up to larger canisters such as Galaxy Gas, Cosmic Gas, Loopers, Infuzd, GreatWhip and Quickwhip at a number of shops throughout the Dallas area.

Those shops, named as defendants, include Infinity Beyond Shop, Vice City, 701 Vapors, The Gas Pipe, World of Smoke, Universal Smoke Vape, Vape Craft LLC, Vape Craft, Vapor Arena Smoke Shop and Vapor Arena.

“Retailer Defendants knew that the purpose of Plaintiff’s purchases of nitrous oxide was to achieve intoxication based on the conversations they had with Plaintiff, Plaintiff’s frequency of purchases, the quantity and type of canisters sold to Plaintiff, the retail environment, and the well-known and widespread recreational abuse of nitrous oxide. Despite this knowledge, Retailer Defendants sold nitrous oxide to Plaintiff though they knew that Plaintiff intended to inhale the nitrous for recreational use.”

– Lacey Winters v. Galaxy Gas LLC et al

The lawsuit notes that none of the whippet smoke shop employees ever attempted to limit her purchases.

In early 2024, the side effects of inhaling nitrous oxide caused Winters to experience numbness in her leg, resulting in a fall. When she received medical treatment, Winters discovered she suffered severe B12 deficiency, myelopathy and neuropathy, requiring supplements and physical therapy. She also suffered gait disturbance, numbness and weakness in her extremities, loss of coordination, difficulty speaking and swallowing, and suffers cognitive and neurological impairment, extreme paranoia, anxiety, depression and other injuries.

Winters presents claims of design defect, failure to warn, negligence, violations of the Texas Deceptive Trade Practices Act, civil conspiracy and public nuisance. She seeks both compensatory and punitive damages.

Nitrous Oxide Lawsuits

The case raises allegations similar to those presented in other recent nitrous oxide addiction lawsuits, claiming that manufacturers, distributors and retailers have failed to provide adequate warnings and used deceptive marketing tactics to promote the canisters as safe or harmless. Former users and family members are seeking to hold those manufacturers accountable for injuries caused by them placing profits over consumer safety.

Nitrous oxide attorneys are currently offering free consultations to individuals and families who may be eligible for compensation through a Galaxy Gas lawsuit, or lawsuit against another nitrous oxide canister manufacturer.

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