If you’ve had certain medical procedures, you might have had nitrous oxide (sometimes called laughing gas) as a sedative to relax. You breathe the gas through a nosepiece. It’s fast-acting and wears off quickly, which is why it’s common in minor medical and dental procedures. It’s a conscious sedative, so it doesn’t put you to sleep—but it does relieve anxiety and help the patient to relax.
Medical nitrous oxide is safe and efficient for pain management and anxiety reduction. It also has few to no side-effects when used properly and in small doses as administered by a physician.
Nitrous oxide is also used for non-medical purposes like in pressurized aerosol whipped cream cans, as a propellant in cooking spray, or for filling balloons. When used properly, these products are safe.
However, there is a circumstance when nitrous oxide isn’t so safe… and that’s when it’s used for recreational—not medical—purposes.
What are “whippets”?
Whippets (also whippits or whip-its) are nitrous oxide canisters. They’re used recreationally to create a drug-induced high. The feeling of euphoria can dull mental or physical pain; this effect is caused by the nitrous oxide cutting off oxygen to the brain. A user will breathe in the fumes from the canister via a closed source. They might cover their face and the canister to create a “sealed” environment, or they might put the gas in a balloon and inhale from the balloon’s opening.
Most people experience a high within 10 seconds of using a whippet, but the high is short-lived. That’s why users will use it repeatedly and in large quantities over a short period of time to keep their buzz.
Nitrous oxide is legal to purchase. Many people use it for legitimate purposes, like making whipped cream or cooking spray, as well as uses for car engines and others. But it is illegal to use it for recreational purposes.
Nitrous oxide lawsuit for Florida woman’s death
29-year-old Margaret “Meg” Caldwell of Clermont, Florida, was a top student when she was younger, and she would ski, ride horses, and spend time with nieces and nephews.
She would also inhale nitrous oxide hundreds of times a day, according to her family. She believed it wasn’t dangerous because it was legal and easy to buy. Caldwell became addicted to the substance, and she knew it—she tried various rehabilitation programs but always returned to nitrous oxide. In September 2024, she lost the use of her legs temporarily because of a nitrous oxide overdose. At the time, her doctor warned her that the nitrous oxide would kill her if she continued to use it. She didn’t heed his warning; as soon as her legs were recovered, she went out an bought more.
And the doctor, sadly, was correct. In November 2024, Meg Caldwell’s body was found behind a smoke shop where she routinely purchased nitrous oxide products.
The lawsuit isn’t suing the smoke shop or the manufacturer of the whippets for Caldwell’s wrongful death, though.
It’s a class action lawsuit against seven Florida smoke shops. The lawsuit aims for industrywide practices to have the product removed from store shelves. A separate class action lawsuit includes major nitrous oxide manufacturers as defendants; it seeks damages for families who’ve lost people to nitrous oxide addiction.
One reason for the lawsuit is that the whippets have fruity, appealing flavors. This is reminiscent of lawsuits that vape manufacturer Juul had to settle because of its marketing practices related to teenagers.
The current lawsuits for recreational use of nitrous oxide also refer to the companies’ making it appealing to users because of the flavors. The FDA does not regulate nitrous oxide used for recreational purposes. It is, however, banned in the state of Louisiana and from being sold in some other jurisdictions.
Caldwell’s death is a tragedy, but her family is hoping the lawsuits and attention being brought to the issue of recreational nitrous oxide use will prevent another family from enduring a similar loss.
If you or someone you love is suffering from the effects of recreational nitrous oxide use, there is treatment available. You can contact your primary care provider, a mental health service, an addiction rehabilitation facility, or the National Helpline for Mental Health, Drug, and Alcohol Issues at 1-800-662-HELP (4357).
You can contact a personal injury attorney if you think you’re eligible to join a lawsuit related to nitrous oxide-related illness or death.
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