Austin Bacak is suing nitrous oxide distributors and Los Angeles smoke shops after a daily habit of inhaling thousands of grams of the gas allegedly destroyed his nerves and spine.
Bacak, a California resident, claims he began using nitrous oxide gradually in 2024 after purchasing the product at local smoke shops, according to his lawsuit. The suit alleges the products were marketed in ways that “invites recreational use as an inhalant,” with edgy names and bright colors that signaled drug culture rather than legitimate food industry purposes.
“Nitrous Oxide at smoke shops have edgy names and bright colors that nod towards drug culture not the food industry,” the lawsuit reads.
Bacak says he regularly bought products branded as “Galaxy Gas,” “Miami Magic” and “Massive Whip,” inhaling between 2,000 and 4,000 grams daily. A standard food-grade canister contains just 8 grams, the suit notes. Starting in 2015, distributors began packaging the gas in containers 375 times larger than the culinary standard and selling them at establishments that “cater to vices,” according to the filing.
“Some canisters are packaged with a nozzle. There is no need for a nozzle when the nitrous oxide is used for standard culinary applications,” the papers state.
The lawsuit names five distributors — Commerce Enterprises, Eavin Gas, Select Distributors, Yichun and Galaxy Gas — plus three LA smoke shops where Bacak purchased the products. The retailers are accused of negligence.
“Retailer defendants had actual knowledge that its customers were purchasing nitrous oxide with the intent of using it as a recreational drug,” the lawsuit alleges.
Bacak’s alleged injuries are severe and wide-ranging. He says he developed B-12 deficiency, numbness, neuropathy, demyelination — a form of nerve damage — spinal degeneration, and difficulty walking. He is seeking a jury trial and compensatory damages covering medical expenses and lost wages.
Nitrous oxide, commonly known as laughing gas, has legitimate applications in dentistry for pain relief and in food preparation for whipped cream. When inhaled recreationally, it produces a brief, paralyzing high that impairs functioning. The lawsuit cites alarming usage statistics: deaths from nitrous oxide doubled between 2019 and 2023, and more than 12 million Americans aged 12 and older have misused the substance.
California has recently moved to crack down on the recreational nitrous oxide market. Governor Gavin Newsom signed legislation on September 18 prohibiting the sale of containers larger than 8 grams, along with inhalation devices and flavored nitrous oxide products. The LA City Council also passed an ordinance earlier this month criminalizing the sale or distribution of nitrous oxide products by tobacco, cigarette, or cannabis retailers.
The lawsuit frames Bacak’s case within a broader pattern of corporate behavior that transformed a kitchen supply into a mass-market intoxicant. By supersizing containers and distributing them through vice-oriented retailers rather than restaurant supply channels, the defendants allegedly created and profited from a public health crisis while evading regulatory scrutiny.
Bacak’s trial demand will be heard in California courts as the state implements its new restrictions on the nitrous oxide trade.