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New York stores have begun to enforce ban on sale of whipped cream canisters to under 21s

The law will fine businesses caught selling whipped cream to under 21s $250 for the first offense and up to $500 for subsequent violations

Johanna Chisholm
Monday 29 August 2022 13:07 BST
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A nearly year-old New York state law that bans the sale of whipped cream to people under the age of 21 is coming into effect, according to local news reports.

NBC New York reported earlier this month that convenience stores and grocery chains around the state had begun installing signs warning that clerks would begin IDing individuals when they purchased cans of the whipped dessert.

In November 2021, New York State Senator Joseph Addabbo sponsored the passage of S.2819-A, which strictly prohibits the sale of whipped cream cannisters to people who are not of legal drinking age.

The Queens-based lawmaker’s outset goal in sponsoring the bill was to reduce the number of teens who use the nitrous oxide found inside the cannisters, also known “whippits, whippets, or whip-its”, to get high from the gas, which is also referred to as “laughing gas” for its ability to calm people when they’re undergoing dental procedures.

“This new law is an important step in combatting a significant problem for many neighborhoods throughout my district,” said Sen Addabbo in a statement on the bill’s passage, noting that the first became aware of the problem in the community after constituents had complained about the number of empty cannisters being left on the streets.

“Nitrous oxide is a legal chemical for legitimate professional use but when used improperly, it can be extremely lethal,” he added. “Sadly, young people buy and inhale this gas to get ‘high’ because they mistakenly believe it is a ‘safe’ substance. This law will eliminate easy access to this dangerous substance for our youth.”

Though the gas is legally and appropriately used by whipped cream manufacturers, who use it to both propel the lightweight delicacy out of a can and preserve it from going bad, it has become all too common across the US for individuals – particularly young people – to use the whipped cream chargers for illicit reasons.

Given its affordability and accessibility, the use of whipped cream chargers as inhalants had become increasingly popular, with a recent study from The National Institute on Drug Abuse finding that 40 per cent of tenth graders and 26 per cent of eighth graders were considered to be at risk of using the drug consistently.

Though the bill has been live for nearly a year, it’s only recently that stores have begun stating that they’ll be IDing anyone who looks underage for the whipped delicacy.

In an interview with the Times Union, Kent Sopris, the president of the New York Association of Convenience Stores, said that he has let members of the organisation know that they should be enforcing the law, which he claimed he only became aware of about two months ago.

“I think that there is some sort of reporting mechanism that just didn’t go the way it was supposed to,” he said. “We had been tracking the bill last year, and when I looked in the bill tracking file, there is just no indication that it was signed.”

The Albany-based news outlet also reported that select grocery store chains in the area will begin flagging the item at self-checkout as requiring identification, similar to the manner in which alcohol is regulated in stores.

Inhalants, while popular among young people, can pose a serious risk to health, according to a US Drug Enforcement Administration factsheet, which notes that abusing of the drug can “cause damage to the parts of the brain that control thinking, moving, vision, and hearing.”

The penalty for businesses caught selling whipped cream to individuals under the age of 21 starts with a $250 fine for the first offense and shoots up to $500 for subsequent violations.

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