South Florida man sues ‘Galaxy Gas’ maker over dangerous highs

A popular brand of nitrous oxide sold in smoke shops and at retailers across South Florida is dangerous and addictive and should be pulled off shelves before more people get hurt, a Broward County man is claiming in a new lawsuit.

Dominic DiSalvo, 30, of Dania Beach, has been misusing Galaxy Gas recreationally for a cheap and potent high, according to the lawsuit filed in Broward court on Dec. 13, and its manufacturers and sellers are doing too little to discourage the abuse.

The product known as Galaxy Gas is manufactured by SBK International, an Atlanta-based company that markets the product as an additive that turns liquid cream into a flavored foam. Over the past couple of years, according to the lawsuit, Galaxy Gas is increasingly being used as an inhalant to induce that high, although the company that makes it attaches a warning label warning that it should not be inhaled.

That warning, DiSalvo’s lawyers say, is inadequate, especially considering the availability of the product in smoke shops. DiSalvo’s lawyer, Scott Schlesinger, said the warning comes off as a joke. “Nobody’s going to a vape shop to buy these cannisters to make whipped cream,” he said.

“I am not the Food and Drug Administration or the Drug Enforcement Administration,” Schlesinger said. “If I were, these things would be banned.”

Schlesinger is a lawyer from a firm with a history of taking on Big Tobacco and often winning multimillion-dollar lawsuits that were once considered quixotic.

The official website for SBK International contains an explicit warning not to use the product for anything other than food preparation.

“It is unlawful for a person to purchase products containing nitrous oxide for any purpose not intended herein and legally authorized,” the warning reads. “By purchasing products containing nitrous oxide you expressly agree and warrant your possession and use shall be legally compliant and strictly limited to culinary food preparation.”

Site visitors have to agree to the warning before navigating the web page.

According to the lawsuit, inhaling Galaxy Gas causes euphoria but also leads to long-term physical effects and disorders, including memory loss. The warnings do not address that danger.

Cannisters of Galaxy Gas are also available on Amazon and at Wal-Mart.

Schlesinger said the lawsuit is a test case, and he expects more will follow. In addition to SBK, the lawsuit names five eastern Broward smoke shops as defendants, though none had been served with the suit as of Friday.

Schlesinger said the local defendants allow the suit to be filed in Broward state court, but he acknowledged the possibility that the complaint could end up as federal litigation.

“We could go that route. We’ll see how it goes,” he said.

Rafael Olmeda can be reached at rolmeda@sunsentinel.com or 954-356-4457. Follow him on Threads.net/@rafael.olmeda.

EMEA Tribune is not involved in this news article, it is taken from our partners and or from the News Agencies. Copyright and Credit go to the News Agencies, email news@emeatribune.com Follow our WhatsApp verified Channel