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A man who sucked down 2,000 to 4,000 grams of nitrous oxide per day is going after the distributors of the laughing gas after he allegedly suffered severe nerve damage and spinal degeneration, according to a new lawsuit.
Austin Bacak claims he started using nitrous oxide gradually in 2024 after buying the product at his local smoke shop, where the product “invites recreational use as an inhalant,” his lawsuit says.
“Nitrous Oxide at smoke shops have edgy names and bright colors that nod towards drug culture not the food industry,” the suit, obtained by the California Post, reads.
Nitrous oxide, intended to help make whipped cream and provide pain relief at the dentist, is often used as a drug that creates a seconds-long paralyzing high, making it difficult to function.
Bacak says he bought products with names like “Galaxy Gas” “Miami Magic” and “Massive Whip” using them daily and often inhaling 2,000-4,000 grams a day, the suit read.
A normal canister used for food purposes is 8 grams, according to the lawsuit.
Starting in 2015, the distributors of nitrous oxide started packaging the laughing gas in colorful containers 375 times larger and making them readily available at “establishments that cater to vices,” the suit says.
“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 read.
Bacak says he suffered from B-12 deficiency, numbness, neuropathy, demylineation (nerve damage), spinal degeneration, and trouble walking.
The suit names nitrous distributors Commerce Enterprises, Eavin Gas, Select Distributors, Yichun and Galaxy Gas.
Three LA smoke shops where Bacak says he bought the product are also named and 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 reads.
All distributors and smoke shops were contacted by The Post for comment.
Bacak is seeking a jury trial and compensatory damages, including medical expenses and loss of wages.
Deaths from nitrous oxide increased 100 percent from 2019 to 2023 and over 12 million Americans aged 12 and older have misused the laughing gas, according to the lawsuit.
A California bill signed into law September 18 prohibits containers over 8 grams to be sold, along with devices that let people inhale it, as well as nitrous oxide products that are flavored.
The LA City Council passed an ordinance earlier this month making it a crime for any tobacco, cigarette, or cannabis retailer to sell or distribute nitrous oxide products.

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