A California man who says he regularly inhaled thousands of grams of nitrous oxide daily has filed a lawsuit against multiple distributors and smoke shops, alleging the companies marketed culinary gas for recreational drug use and caused him severe, debilitating neurological damage. Austin Bacak initiated the legal action in Los Angeles Superior Court after suffering what he described as profound health consequences from heavy use of the laughing gas, which is traditionally intended for whipped cream preparation and dental sedation.
According to court filings, Bacak began purchasing the products gradually in 2024 from local smoke shops. The lawsuit asserts that the items were sold with branding that invited recreational use, featuring edgy names, bright colors, and packaging styles that nodded toward drug culture rather than the food industry. Bacak reported consuming between 2,000 and 4,000 grams of the gas daily, utilizing commercial brands such as Galaxy Gas, Miami Magic, and Massive Whip. By comparison, a standard culinary canister contains 8 grams of nitrous oxide.
The complaint alleges that beginning around 2015, distributors shifted toward packaging the gas in colorful containers up to 375 times larger than standard food-grade canisters, making them readily available in establishments catering to vices. The legal filing highlights that some of these large containers included nozzles, which serve no purpose for standard culinary applications. As a result of his heavy consumption, Bacak claims he developed a severe vitamin B-12 deficiency, numbness, neuropathy, nerve demyelination, spinal degeneration, and significant difficulty walking.
The lawsuit targets several corporate distributors, including Commerce Enterprises, Eavin Gas, Select Distributors, Yichun, and Galaxy Gas, alongside three Los Angeles smoke shops where Bacak reportedly bought the products. The retail defendants are accused of negligence, with the filing stating they had actual knowledge that customers were purchasing the gas specifically to use it as a recreational inhalant. Bacak is demanding a jury trial and seeking compensatory damages to cover medical expenses and lost wages.
The legal action points to broader public health concerns surrounding the substance, citing statistics within the complaint that deaths linked to nitrous oxide increased 100 percent between 2019 and 2023, while over 12 million Americans aged 12 and older have misused the gas. Regulatory measures have recently tightened around the substance in California. A state bill signed into law on September 18 prohibits the sale of nitrous oxide containers exceeding 8 grams, along with inhalation devices and flavored products. Additionally, the Los Angeles City Council passed an ordinance making it a criminal offense for tobacco, cigarette, or cannabis retailers to sell or distribute nitrous oxide items.
