New law restricting whipped cream canisters leads to confusion at the register

What a frenzy this new law whipped up.

No, you don’t need to be at least 21 years old to buy a canister of whipped cream in New York — despite viral posts online, news accounts and new policies in stores that wrongly said a state law enacted last year set a minimum age for buying the sweet treat.

What the new law did do is impose new regulations restricting the sale of pressurized whipped cream chargers, known as “whippets,” a readily available source of nitrous oxide that can also be used to get high.

The chargers are contained in steel cylinders or cartridges, filled with the gas and used as a whipping agent. When used as intended, the charger helps aerate the cream and make it into foam.

State Sen. Joseph P. Addabbo Jr., a Queens Democrat, one of the sponsors of the legislation that became law Nov. 25, said he was inspired to propose the law after receiving constituent complaints about empty canisters of the whippets piling up in his district. But, he said, whipped cream cans that are sold, like Reddi-wip, aren’t covered by the law.

“Nine months later, I’m like, ‘are you kidding me?’” said Addabbo.

Under the law, selling whipped cream chargers to anyone under 21 carries a $250 fine for a first offense and $500 for each one afterward.

"According to the National Institute on Drug Abuse, 719,000 people age 12 or older reported using inhalants for the first time within the prior 12 months," reads a justification attached to the legislation.

A 2015 study published by the journal Regulatory Toxicology and Pharmacology said the side effects of recreational use of nitrous oxide include: "transient dizziness, dissociation, disorientation, loss of balance, impaired memory and cognition, and weakness in the legs."

Word that whipped cream purchasers needed to be carded like shoppers for cigarettes or booze, well, exploded.

“It just took off. I was like, ‘No! People! No! How can you do that? How can you misinterpret it?’” Addabbo said.

Conagra Brands, which makes bestseller Reddi-wip whipped cream, didn’t return emails seeking comment.

Asked about the whipped cream situation, Stop & Shop supermarket spokeswoman Stefanie Shuman wrote in an email: “We’re awaiting further guidance from the Food Industry Alliance of NYS,” and referred an inquiry to the alliance. The alliance couldn’t be reached.

Whipping cream — the main ingredient in whipped cream — is consumed by around 200 million Americans annually, according to a 2018 report from the Mordor Intelligence, a business management consultant.

As for Addabbo, the lawmaker’s still got a sweet tooth for whipped cream.

“Love it,” he said. “I put it on anything — pie, cake, ice cream.”

By Matthew Chayes

matthew.chayes@newsday.comchayesmatthew

Matthew Chayes, a Newsday reporter since 2007, covers New York City.