Case Summary
On Friday, September 8, 2023, after a two-week trial, a St. Louis County jury found United Brands Products Design Development and Marketing, Inc. (an international distributor of nitrous oxide) and Coughing Cardinal, LLC (a local head shop) guilty of conspiring to sell nitrous oxide – a known inhalant drug – as an inhalant to consumers, leading to a car crash that caused the wrongful death of 25-year-old Marissa Politte. The jury awarded $745,000,000 in damages.
Key Highlights
- The jury determined that United Brands and Coughing Cardinal deliberately disregarded public safety by selling nitrous oxide as an inhalant.
- This verdict sends a clear message to the nitrous oxide distribution industry to stop targeting children and young adults.
- The Simon Law Firm represented the Politte family in this case.
Nitrous Oxide Lawsuit: Case Analysis
For decades, United Brands has marketed and sold nitrous oxide (a food propellant) to places like Coughing Cardinal (a head shop selling drug paraphernalia) that simply have no business selling this addictive drug in quantities that shock the conscience while claiming they have no idea that people are going to head shops to buy this product as an inhalant. United Brands has done so without consequence, until now.
On Sunday, October 18, 2020, Trenton Geiger was involved with “huffing” fumes from Whip-It! nitrous oxide dispensers. Politte was on her way home from work when Geiger drove through oncoming traffic, across a grassy area, through a parking lot and into a light pole and tree, then hit Politte outside her workplace just 15 minutes after closing. After the fatal accident, Geiger was charged with three felonies and a misdemeanor.
United Brands Products Design Development and Marketing, Inc. and Coughing Cardinal, LLC, were found guilty by a St. Louis County jury for their role in distributing nitrous oxide as an inhalant, ultimately causing the accident that led to the tragic death of Marissa Politte. The jury sent a message loud and clear to United Brands and the entire nitrous oxide distribution industry: Stop targeting children and young adults. Stop selling this product to smoke and head shops.
The jury’s decision underscored the legal ramifications of knowingly distributing substances for purposes outside their intended use. By finding the defendants guilty of conspiracy and deliberate disregard for public safety, the verdict emphasizes the legal obligation of businesses to ensure the safety of their products and prevent their misuse. This case serves as a stark reminder of the legal consequences that corporations face when their actions result in harm to consumers.
Nitrous Oxide Lawsuit Outcome and Impact
The $745 million verdict delivered by the jury holds United Brands and Coughing Cardinal accountable for their actions and provides compensation to the Politte family for their devastating loss.
Beyond the financial implications, the outcome of this case carries significant societal and legal ramifications. By establishing a precedent for holding corporations responsible for the consequences of their products’ misuse, the verdict sends a powerful message to the nitrous oxide distribution industry and other similar sectors. It highlights the importance of consumer safety and may lead to increased scrutiny and regulation within these industries.
The successful representation of the Politte family by The Simon Law Firm demonstrates the firm’s commitment to seeking justice for victims and their families, reinforcing its reputation as a formidable advocate for those affected by corporate negligence.
For the sake of profit, the Politte family paid the ultimate price – the loss of their daughter, sister, granddaughter and friend Marissa, who was by all accounts a modern-day saint. We hope that her life is memorialized through this verdict, and no family will ever have to live with the pain that the Politte family has lived with and will live with forever.
We thank the jurors for their dedication and service and look forward to the day when nitrous oxide is off the shelves of smoke and head shops.
Additional Case Information
For additional information, contact Johnny M. Simon at The Simon Law Firm at jmsimon@simonlawpc.com.
- Byers, Christine & Mackay, Mercedes. ‘Poisoning people for profit:’ St. Louis jury awards $745 million verdict in Whip-It! abuse case, KSDK, September 9, 2023. www.ksdk.com/article/news/crime/st-louis-jury-awards-millions-verdict-in-whip-it-abuse-case
- Heffernan, Erin. “Jury delivers $745 million verdict to family of Ballwin woman killed in Whip-It! abuse crash,” St. Louis Post-Dispatch, September 11, 2023. www.stltoday.com/news/local/metro/jury-delivers-745-million-verdict-to-family-of-ballwin-woman-killed-in-whip-it-abuse/
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Krieger, Rob and Vincent, Mykal. “Supplying a High: Driver’s nitrous oxide abuse blamed for woman’s death.” WVUE. February 20, 2024.
https://www.fox8live.com/2024/02/20/supplying-high-drivers-nitrous-oxide-abuse-blamed-st-louis-womans-death/
