Family of Florida Woman Sues Galaxy Gas Over Nitrous Oxide Death

Family of Florida Woman Sues Galaxy Gas Over Nitrous Oxide Death
Photo by Ehimetalor Akhere Unuabona on Unsplash

February 7, 2025

The family of Margaret P. Caldwell, a 23-year-old Florida woman who died after inhaling nitrous oxide, has filed a lawsuit against Galaxy Gas and several other companies, alleging that they marketed the substance for recreational use while disguising it as a culinary product. The lawsuit, filed in Orange County, Florida, seeks damages and an injunction to stop the sale of nitrous oxide canisters in smoke shops.

The case comes amid growing concerns about the misuse of nitrous oxide, often called “whippets” or “laughing gas,” which has gained popularity among young people due to social media trends and its accessibility in vape and smoke shops.

Lawsuit Alleges Negligence and Deceptive Marketing

The lawsuit, filed by Caldwell’s mother, Kathleen Dial, accuses multiple defendants, including:

  • Galaxy Gas, LLC, its parent company Pluto Brands, LLC, and other manufacturers.
  • Florida-based smoke shops that sold Caldwell the nitrous oxide products.
  • Other nitrous oxide brands, such as Looper and Monster Gas.

According to the complaint, Caldwell frequently purchased nitrous oxide from smoke shops in Florida, where it was sold in large canisters with flavors such as “mango smoothie” and “vanilla raspberry”. The lawsuit claims that these products were marketed in a way that encouraged inhalation for recreational use rather than their intended purpose as a food propellant.

The lawsuit further alleges that:

  • Nitrous oxide manufacturers marketed the product through social media influencers, making it appear safe for recreational use.
  • The product was primarily sold in smoke shops rather than culinary stores, indicating its intended use as an inhalant.
  • Caldwell became addicted to nitrous oxide and ultimately suffered fatal health consequences after chronic use.

The complaint does not provide an official cause of Caldwell’s death but states that she was found behind a Florida smoke shop on November 22, 2024, after inhaling nitrous oxide.

The family is seeking monetary damages and a court order banning the sale of nitrous oxide in smoke shops.

Health Risks and Rise in Nitrous Oxide Use

Nitrous oxide is commonly used in medical procedures and as a food additive, but it has also been widely abused as a recreational drug.

When inhaled, nitrous oxide can cause:

  • Temporary euphoria, dizziness, and hallucinations.
  • Oxygen deprivation, which can lead to blackouts or sudden death.
  • Neurological damage, including nerve degeneration and paralysis, due to vitamin B12 depletion.

According to medical experts, long-term nitrous oxide abuse can result in permanent nerve damage, loss of motor function, and brain deterioration.

Reports indicate that the misuse of nitrous oxide has been increasing, particularly among young people in the U.S. and U.K.. A 2023 study found that nitrous oxide was the second-most abused drug among young people in Britain, where its possession has since been banned.

In the U.S., nitrous oxide remains legal for sale but is subject to certain restrictions. Florida law prohibits the sale of more than 16 grams of nitrous oxide to an individual, though the lawsuit alleges that Caldwell was able to purchase quantities exceeding this limit.

Social Media and Celebrity Concerns

The lawsuit also highlights the role of social media marketing in promoting nitrous oxide use. Posts about Galaxy Gas and similar products have gained millions of views on platforms like TikTok and Instagram, often showing individuals using the product recreationally.

The trend has drawn criticism from public figures. Singer SZA recently condemned the marketing of Galaxy Gas, questioning its bright, colorful branding and alleging that it was targeted at young users, particularly in Black communities.

A spokesperson for Galaxy Gas, Megan Paquin, defended the company’s large canisters of nitrous oxide, stating that they were intended as an “erotic culinary lubricant.” However, critics argue that the company and others like it are exploiting legal loopholes to sell the gas for inhalation rather than cooking purposes.

While nitrous oxide remains legal in much of the U.S., there have been efforts to increase restrictions due to its misuse.

  • In Missouri, a 2023 lawsuit resulted in a $720 million verdict against United Brands, a nitrous oxide manufacturer, after a woman was killed by a driver under the influence of the gas. That case did not involve Galaxy Gas.
  • In the Netherlands and the U.K., rising rates of nitrous oxide-related hospitalizations have led to stricter regulations and outright bans on recreational use.

The Caldwell family’s lawsuit argues that the U.S. should follow similar steps to regulate nitrous oxide sales more strictly. If successful, the case could set a legal precedent that impacts how the substance is marketed and sold nationwide.

What’s Next?

The lawsuit against Galaxy Gas and its co-defendants is expected to raise further debate over the regulation of nitrous oxide in the U.S.. If the plaintiffs are successful, potential outcomes could include:

  • A ban on selling nitrous oxide in smoke shops.
  • Stricter enforcement of existing laws limiting nitrous oxide sales.
  • Tighter regulations on the marketing and branding of nitrous oxide products.

For now, the case highlights the legal and public health challenges posed by the widespread, unregulated sale of nitrous oxide, as well as the growing concerns over its impact on young people.

Conclusion

As the lawsuit moves forward, it could set a precedent for how nitrous oxide is sold and marketed in the U.S. While companies like Galaxy Gas maintain that their products are intended for culinary use, critics argue that their distribution through smoke shops and use of social media marketing suggest otherwise.

With public awareness increasing and legal action intensifying, the future of nitrous oxide sales in the U.S. remains uncertain.