California Man Sues Distributors After Daily Nitrous Oxide Habit Causes Nerve Damage
A lawsuit claims distributors marketed nitrous oxide in a way that encouraged recreational use, leading to severe health consequences for one user.
A California man is suing distributors of nitrous oxide, commonly known as laughing gas, alleging that his daily habit of inhaling thousands of grams of the substance resulted in severe nerve damage and spinal degeneration. The lawsuit, filed by Austin Bacak, asserts that distributors have packaged and marketed the gas in a manner that invites recreational use, rather than its intended culinary applications.
Bacak claims he began using nitrous oxide in 2024, purchasing products from local smoke shops. He alleges that these products, often labeled with names like "Galaxy Gas" and "Miami Magic," are presented with "edgy names and bright colors that nod towards drug culture not the food industry." He states he was inhaling between 2,000 and 4,000 grams of nitrous oxide daily.
According to the suit, typical canisters for food-grade purposes contain 8 grams. The lawsuit contends that starting in 2015, distributors began packaging nitrous oxide in containers approximately 375 times larger, equipping them with nozzles that are unnecessary for culinary use and making them readily available at establishments that cater to vices.
As a result of his alleged heavy use, Bacak claims to have suffered from B-12 deficiency, numbness, neuropathy, demyelination (nerve damage), spinal degeneration, and difficulty walking. The lawsuit names several nitrous oxide distributors, including Commerce Enterprises, Eavin Gas, Select Distributors, Yichun, and Galaxy Gas, as defendants. Three Los Angeles smoke shops where Bacak claims he purchased the product are also named and accused of negligence, with the suit asserting they had actual knowledge that customers were buying nitrous oxide for recreational drug use.
Bacak is seeking a jury trial and compensatory damages, including compensation for medical expenses and lost wages. The lawsuit also notes that deaths from nitrous oxide misuse increased by 100% between 2019 and 2023, and over 12 million Americans aged 12 and older have misused the gas. In response to growing concerns, California enacted a bill on September 18 that prohibits the sale of containers over 8 grams, as well as devices for inhalation and flavored nitrous oxide products. Earlier this month, the LA City Council passed an ordinance making it a crime for tobacco, cigarette, or cannabis retailers to sell or distribute nitrous oxide products.