Whipped cream law whips up confusion

A 2021 New York Law intending to curb the use of nitrous oxide in teens recently caused confusion over the legal sale of whipped cream canisters to people under 21. Source: Photo by Ron Lach from Pexels.

For shoppers in New York, a state law that took effect in November regulating the sale of whip cream “chargers” has sparked confusion after many misinterpreted the law to ban the sale of whip cream to minors. 

The state law is intended to reduce the number of teenagers using inhalants or “whippets” to get high off nitrous oxide, but the language of the law led to misinterpretation and confusion in relation to the sale of whipped cream in New York.

This misinformation about the law largely stems from a Tweet that was shared over 5,000 times and contained a link to an Insider news article that accurately reported the ban on whipped cream chargers, not whipped cream cans.  

“New York recently passed a state law that prohibits anyone under age 21 to purchase a can of whipped cream,” read a tweet from the popular account @PopCrave, which was then spread across headlines and social media over the last month. 

“Turns Out, It’s Illegal for People under 21 to Buy Canisters of Whipped Cream in NY” read a NBC New York headline on August 25, one of many that made similar claims. 

Out of caution, retailers such as Stop & Shop and Wegman’s were advised by the Food Industry Alliance of New York State to post signs notifying customers that they would be asked for identification when purchasing cans of whipped cream. Other convenience stores and grocers, like Stewart’s Shops, also briefly required customers to show ID, but said they would cease doing so after the law was clarified. 

In a statement to the Associated Press, N.Y. State Sen. Joseph Addabbo, the Democrat who sponsored the bill, confirmed that the law applies only to the sale of the cartridges, not to whipped cream canisters. 

“Anyone can buy, without being carded or ID’d, a can of Reddi-wip or any other canister of whipped cream,” Addabbo told the AP. “What a minor can’t buy is the two-inch whipped cream charger, or cartridge that is filled with nitrous oxide.”

Nitrous oxide chargers, which are used to dispense the sweet foam but are not in the can itself, are used by teenagers as a quick, easy and cheap way of getting buzzed when inhaled. According to the National Institute on Drug Abuse, inhalants such as nitrous oxide can cause heart failure, nerve damage, brain damage and even death. 

The law states that a “steel cylinder or cartridge filled with nitrous oxide” requires ID to be purchased. These types of cartridges are not found on grocery store shelves but are used in restaurants and coffee shops. The maker of Red-Wip, Conagra, confirmed to the AP that the disposable canisters do not contain a “whipped cream charger.”

“We did not ban the sale of whipped cream, let’s be reasonable,” Mr. Addabbo told the New York Times. “Why would we do that?”