With spikes in deaths, Congress moves forward on a bill to ban retail nitrous oxide sales

WASHINGTON, DC (InvestigateTV) — As deaths associated with nitrous oxide continue to skyrocket, there’s movement on Capitol Hill toward a federal crackdown on a product that’s being widely sold for use as a recreational drug.

Although nitrous has legitimate uses in both medical and culinary settings, investigations by InvestigateTV and Gray local media affiliates across the country have found giant tanks of the gas for sale in vape shops and convenience stores nationwide as well as from major online retailers.

The products, we discovered, are marketed with bright packaging, enticing flavors and graphics that experts say target young people. They’re sold under names like Miami Magic, Baking Bad and Galaxy Gas – companies called out directly in a warning about nitrous issued by the FDA last year.

The agency has been flagging the dangers of nitrous abuse, which has led to a startling increase in fatalities. A 2025 study from the University of Mississippi found a 500-percent spike in reported nitrous-related deaths between 2010-2023.

The death toll includes Robert Howland, an Air Force veteran who took his own life after prolonged abuse of nitrous, which he’d been using to try to cope with the stress and pain of his experience in an active war zone. His mother, Julia Charleston, created a Facebook page called Parents Against Nitrous Oxide, or PANOS, trying to raise awareness about a problem she said many parents are unaware of.

“I had no clue what it was,” she said. “But when it’s misused it’ll kill you. Just like it did my son.”

Proposed bill creating ban on retail sales moves forward

While states across the country have begun to enact laws policing the sale of nitrous, Rep. Kevin Mullin, a California Democrat, told InvestigateTV in June there’s a need for an all-out ban on retail sales nationwide.

“There are still loopholes, and there are still states that are burying their heads in the sand at the moment,” he said. “Something with this danger level requires a federal response.”

Mullin’s proposed legislation would ban retail sales of nitrous oxide for recreational use, while still carving out the ability for legitimate users – medical and culinary professionals specifically – to still have the option to purchase legally. The bipartisan bill, known as the Nitrous Oxide Safety Act has now been scheduled for a subcommittee hearing Wednesday on Capitol Hill where it will be reviewed publicly for the first time.

Senate group introduces separate bill, targeting nitrous marketing practices

As Mullin’s bill moves forward, a group of Democratic lawmakers in the Senate are trying their own approach to protect consumers.

On Wednesday, Senators Ron Wyden, Richard Blumenthal and Alex Padilla introduced legislation that takes aim at what the group calls “deceptive marketing” surrounding the sale of nitrous.

The Nitrous Oxide Inhalation Prevention Act falls short of the all-out national ban on retail sales proposed by Rep. Mullin. Instead, the Senate bill would ban flavored cartridges and marketing that targets young people.

The legislation also proposes creating a national framework to help regulate access to nitrous and giving the Food and Drug Administration more oversight power when it comes to the packing, labeling and sales of the product.

In an announcement about the legislation, Senator Blumenthal said, “Our measure cracks down on companies’ deceptive marketing of nitrous oxide. These companies are taking a page out of Big Tobacco’s playbook, targeting kids with colorful packaging and fruity flavors so they can get hooked on highly addictive products. By curbing predatory advertising and investing in prevention programs, our legislation will protect consumers and address the rising abuse of nitrous oxide.”