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WHIP-IT! SELLERS MUST PAY $745 MILLION FOR SELLING TO DRIVER WHO PASSED OUT AND
KILLED 25-YEAR-OLD VICTIM

Elura NanosSep 11th, 2023, 10:07 am Updated Sep 11th, 2023, 1:03 pm
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Left: Trenton Geiger (image via Missouri Dept. of Corrections); Right: A carton
of Whip-It! cream charger canisters is shown. (Image via court filings).

A St. Louis jury ordered the distributor and local seller of Whip-It! nitrous
oxide cartridges to pay a whopping $745 million for their “deliberate disregard”
of public safety by selling the food-prep product to a young driver who inhaled
the contents, got behind the wheel of a car and killed 25-year-old Marissa
Politte.



Politte, a radiology technician, was killed when 20-year-old Trenton Geiger
passed out while driving. After the accident, police discovered that Geiger had
been abusing Whip-It! nitrous oxide behind the wheel, then threw some of the
used containers into the woods where it was recovered by investigators. Whip-It!
nitrous oxide chargers (also known as “whippets”) are small steel canisters used
with whipped cream dispensers for food preparation. However, the evidence
presented at trial showed that Whip-It! chargers are often used as inhalants —
which can cause addiction and brain damage.

Politte’s parents brought a wrongful death lawsuit against United Brands
Products Design Development and Marketing, Inc., an international distributor of
Whip-It!, for allegedly exploiting the illicit market for nitrous oxide by
selling the product to retailers far outside the food business, such as tobacco
stores and head shops.

According to the complaint, inhaling nitrous oxide, “can result in euphoric,
dissociated, and out-of-body experiences,” as well as, “[cause] the user to get
very dizzy, light-headed, and giggly.”

The plaintiffs said the side effects of nitrous oxide abuse include nausea,
vomiting, dizziness, vitamin deficiency, hemorrhages, heart attacks, seizures,
comas, asphyxiation, neurological damage, and even death — and that Marissa
Politte was one of many victims who suffered as a direct result of Whip-It!
abuse.

The court filing said that Geiger had been addicted to the substance, and that
in addition to the canister found nearby, multiple pieces of related drug
paraphernalia were found in the driver’s vehicle after the collision.


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The jury found United Brands Products Design Development and Marketing, Inc. and
Coughing Cardinal, LLC, a St. Louis head shop, conspired to sell the product to
Geiger.

At trial, attorneys for the plaintiffs introduced the testimony of a former
United Brands warehouse employee who estimated 75% of the company’s product went
to smoke shops and that marketing campaigns specifically targeted young people
at concerts and parties.

At the close of the case on Friday, the defendants each moved for a directed
verdict in their favor. The court denied both motions, thereby clearing the way
for the jury to assess the massive damages against the losing litigants.

Of the $745 million judgment, $20 million represented compensatory damages,
while $700 million was assessed in punitive damages against United Brands and
another $25 million in punitive damages against Coughing Cardinal.

Johnny M. Simon, attorney for the Politte family, reacted to the verdict in a
statement Sunday:

> 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.

Geiger, now 23, pleaded guilty to second-degree involuntary manslaughter,
possession of a controlled substance, unlawful possession of drug paraphernalia,
and evidence tampering. He was sentenced to two years in prison for each count.

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Attorneys for the defendants did not respond to requests for comment.

Join the discussion 25 comments

Editor’s Note: This piece was updated from its original format to include
additional legal analysis.

Have a tip we should know? tips@lawandcrime.com


FILED UNDER:

Missouriwrongful death


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Elura Nanos - Columnist & Trial Analyst, Law & Crime; CEO Lawyer Up
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Elura is a columnist and trial analyst for Law & Crime. Elura is also a former
civil prosecutor for NYC's Administration for Children's Services, the CEO of
Lawyer Up, and the author of How To Talk To Your Lawyer and the
Legalese-to-English series. Follow Elura on Twitter @elurananos

More Stories by Elura Nanos

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