A French campaign group is suing companies selling nitrous oxide, also known as laughing gas, using what the activists alleged was “deceptive” marketing targeting young people, despite the health impacts.
The Antoine Alleno association — a road safety group headed by Michelin-starred chef Yannick Alleno, whose son was killed in 2022 by a speeding driver — said it had filed the legal action against the companies behind Cream Deluxe, which markets colourful canisters of the gas as the “key to an unforgettable evening”.
The suit will allow the group to “go after” those “using deceptive forms of communication aimed at young people”, Alleno told AFP.
Nitrous oxide “has significant public-health impacts: young people lose the ability to move, there are burns and accidents.”
The substance was implicated in over 450 serious road accidents in France last year, a number that has multiplied by 40 in six years, according to French drivers advocacy group 40 Million Motorists.
In the case alleging dishonest trade practices before a Paris court, Alleno’s association is seeking a bar on the Chinese and Polish companies behind Cream Deluxe from operating in France, as well as legal costs.
According to the association, Cream Deluxe nitrous oxide canisters are manufactured by Chinese company Zhuzhou Xingye Chemical, while the brand and distribution are managed by Polish firm IVM Firma Handlowa.
The Polish company told AFP that it “is not, and has never been, the distributor of Cream Deluxe”.
It added: “We ceased all sales to France and closed our Cream Deluxe webshop… specifically because of clear signs of non-culinary misuse.”
Zhuzhou Xingye Chemical could not immediately be reached for comment.
The Cream Deluxe website claims that its products are designed for “creating drinks and cocktails”.
But Alleno rejected the idea that the canisters have a culinary use.
“I’ve never seen one and I’ll never see one,” in a kitchen, he said.
France banned retail sales of large nitrous oxide containers to consumers in 2021.
But, on its website, Cream Deluxe urges companies to become distributors in a sector “offering many opportunities for wholesalers” that is “constantly expanding”.
The language showed “obvious cynicism” on the part of the two companies, Benoit Javaux of law firm Squadra told AFP, adding that it reflected a supply chain where recreational users of nitrous oxide buy it in shisha bars and late-night corner shops or via social media.
But the case could take “about two years” to reach a ruling, he added.
A bill under consideration in France’s Senate would impose up to a year of prison and a maximum fine of €3,750 for recreational use of nitrous oxide, rising to three years and €9,000 for driving under its influence.
