French Activists Sue Nitrous Oxide Suppliers Over Deceptive Marketing

On April 22, 2023, the Antoine Alleno Association, a French road safety group led by Michelin-starred chef Yannick Alleno, filed a lawsuit against the companies behind Cream Deluxe, a brand that markets nitrous oxide canisters, commonly known as laughing gas. The association alleges that the marketing strategies employed by these companies are deceptive and specifically target young people, despite the known health risks associated with nitrous oxide use. Alleno's advocacy is particularly poignant, as his son was killed in 2022 by a speeding driver, highlighting the urgent need for road safety measures.

South China Morning PostThe Straits Times

The lawsuit, presented before a Paris court, seeks to prohibit the Chinese company Zhuzhou Xingye Chemical and the Polish firm IVM Firma Handlowa from operating in France. The Antoine Alleno Association argues that the marketing of Cream Deluxe canisters as the “key to an unforgettable evening” is misleading and contributes to public health issues. According to Alleno, nitrous oxide can lead to significant health impacts, including impaired mobility and accidents, with over 450 serious road incidents attributed to its use in France in 2022—a staggering increase of 40 times over the past six years, as reported by the French drivers' advocacy group 40 Million Motorists.

The Straits Times

France has taken steps to regulate the sale of nitrous oxide, banning retail sales of large containers to consumers in 2021. However, the Cream Deluxe website continues to promote its products, suggesting opportunities for wholesalers and distributors, which raises concerns about the ongoing availability of nitrous oxide for recreational use. Alleno criticized this marketing approach, asserting that the canisters are not intended for culinary purposes, as claimed by the companies.

The Straits Times

In response to the growing concerns surrounding nitrous oxide, a bill currently under consideration in the French Senate proposes stricter penalties for recreational use. If passed, the legislation could impose up to one year in prison and fines of €3,750 for individuals caught using nitrous oxide recreationally, with penalties increasing to three years and €9,000 for those driving under its influence.

The Straits Times

Critics of the lawsuit argue that the marketing of nitrous oxide is not solely responsible for its misuse and that broader societal factors contribute to the issue. The Polish company IVM Firma Handlowa has denied being the distributor of Cream Deluxe, suggesting that the legal action may be misdirected.

The Straits Times

The legal proceedings are expected to take approximately two years to reach a ruling. The outcome may influence future regulations and marketing practices related to nitrous oxide in France, as well as the ongoing public discourse surrounding its safety and use.

The Straits Times

• “using deceptive forms of communication aimed at young people” — Yannick Alleno, Head of Antoine Alleno Association

The Straits Times

• “has significant public-health impacts: young people lose the ability to move, there are burns and accidents” — Yannick Alleno

South China Morning Post