Consumer Suing Retailers of Whip-It for Failing to Warn of Consequences
A California man is attempting to sue three shops that sold him nitrous oxide canisters, which caused him serious injury after he used them to get high. Known as Whip-Its, the product is meant to charge whipped cream canisters. They can be bought cheaply online, in culinary shops or, as in this case, at a smoke shop.
Whip-It is brand that has been around since the 1950s and is technically completely legal. Some consumers choose to abuse the nitrous oxide contained in each charger to get high much like others abuse aerosol paint cans. The gas within is medical grade and no different from the laughing gas used by dentists or other medical professionals.
When used improperly, Whip-It may have serious consequences for users. In the case of plaintiff, he had used dozens of canisters in the year leading up to his accident. Then on Halloween night, he lost feeling from his rib cage down. He was rushed to the hospital to find that his abuse of Whip-It seriously damaged his spinal cord. He remained in the hospital for two weeks and wasn't able to regain feeling for months.
Sadly, the plaintiff is one of the lucky ones. The gas canisters are popular with under-age users for the relatively easy acquirement. One the shops involved in the suit also sold Whip-It to a young man that lost consciousness while driving. That young man created a car accident that killed two others in the collision.
While the case seems to revolve around abuse of a substance, the plaintiff is suing under a Business and Profession Code that prohibits mislabeled products. The lawyer for the plaintiff is calling for the shops responsible for selling the canisters to properly warn the consumers who come to the shops looking for nitrous oxide.
In response, the shops involved in the suit maintain it is not the responsibility of the retailer to warn against the misuse of a product. The box specifically states use for whipped cream canisters like those that are used in coffee shops every day. They do not promote using the gas to get high, though the product is sold amongst other paraphernalia like water pipes.
There are no other lawsuits similar to this case in the state of California. In New York, the attorney general has successfully halted sales in a dozen stores for at least a preliminary period. As for the damages, the plaintiff in California is seeking an undisclosed amount from the three shops where he bought Whip-Its.
Whip-It is brand that has been around since the 1950s and is technically completely legal. Some consumers choose to abuse the nitrous oxide contained in each charger to get high much like others abuse aerosol paint cans. The gas within is medical grade and no different from the laughing gas used by dentists or other medical professionals.
When used improperly, Whip-It may have serious consequences for users. In the case of plaintiff, he had used dozens of canisters in the year leading up to his accident. Then on Halloween night, he lost feeling from his rib cage down. He was rushed to the hospital to find that his abuse of Whip-It seriously damaged his spinal cord. He remained in the hospital for two weeks and wasn't able to regain feeling for months.
Sadly, the plaintiff is one of the lucky ones. The gas canisters are popular with under-age users for the relatively easy acquirement. One the shops involved in the suit also sold Whip-It to a young man that lost consciousness while driving. That young man created a car accident that killed two others in the collision.
While the case seems to revolve around abuse of a substance, the plaintiff is suing under a Business and Profession Code that prohibits mislabeled products. The lawyer for the plaintiff is calling for the shops responsible for selling the canisters to properly warn the consumers who come to the shops looking for nitrous oxide.
In response, the shops involved in the suit maintain it is not the responsibility of the retailer to warn against the misuse of a product. The box specifically states use for whipped cream canisters like those that are used in coffee shops every day. They do not promote using the gas to get high, though the product is sold amongst other paraphernalia like water pipes.
There are no other lawsuits similar to this case in the state of California. In New York, the attorney general has successfully halted sales in a dozen stores for at least a preliminary period. As for the damages, the plaintiff in California is seeking an undisclosed amount from the three shops where he bought Whip-Its.