Nitrous Oxide Inhalation Prevention Act
Sponsored By: Senator Wyden, Ron [D-OR]
Introduced
Summary
Would curb recreational nitrous oxide misuse by restricting how nitrous oxide products are made, labeled, marketed, and sold while preserving medical and industrial access. The bill would also fund local prevention, training, and outreach programs through grants to community and health organizations.
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- Families and youth: Raises the minimum purchase age to 21 and forces in-person ID checks, locked storage, and no in-store sales between 10:00 p.m. and 5:00 a.m. to limit teen access.
- Manufacturers and product rules: Bans flavored nitrous oxide products, bars brightly colored or cartoon-style packaging, and requires a warning label covering at least 20% of the principal display panel with the Poison Control number. Food-use cartridges would be limited to 8 grams unless for legitimate medical, dental, industrial, or automotive use.
- Retail, delivery, and wholesale rules: Delivery sellers would need an adult signature and proof of age and must collect buyer name, birth date, and address. Wholesalers could not sell to individual consumers and delivery sellers could not keep an age/identity verification database.
- Enforcement and penalties: Civil penalties would apply under the Food, Drug, and Cosmetic Act, including up to $21,348 per violation for manufacturers or distributors and escalating civil fines for retailers up to $14,232 for repeat violations, with an aggregate cap of $100,000 in a single proceeding.
- Grants and implementation: The Department of Health and Human Services would award grants to nonprofits, hospitals, poison control centers, schools, law enforcement, and others for targeted education, youth outreach, and training. The FDA would promulgate implementing regulations in consultation with the CPSC and FTC and report annually on enforcement and public health outcomes starting October 31, 2027.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 1 benefits, 1 costs, 2 mixed.
Fines and enforcement for sellers
If enacted, the bill would let FDA impose civil penalties and no-sale orders for violations. Manufacturers and distributors could face up to $21,348 per violation. Retailers and delivery sellers would face an escalating schedule: first a warning; second within 12 months up to $356; third within 24 months up to $709; fourth within 36 months up to $2,846; and fifth or later within 48 months up to $14,232. A single proceeding could not award more than $100,000 in total fines. FDA must offer a hearing before fines or no-sale orders, with options including telephone or a nearby regional office. These rules would take effect when the bill is enacted.
Grants to prevent nitrous misuse
If enacted, HHS would award grants to nonprofits, hospitals, schools, law enforcement, poison control centers, and similar groups. Funds would pay for education, youth outreach, and training for emergency departments, poison control, and law enforcement. Applicants must apply in the form and time HHS sets. The bill would authorize "such sums as may be necessary" for fiscal years 2027 through 2036 to run these programs.
New rules for selling nitrous oxide
If enacted, FDA would issue rules within one year to ban sales to anyone under 21. Stores would have to check government photo ID, keep products locked or out of view, and may not sell (except for medical, dental, industrial, or automotive use) between 10:00 p.m. and 5:00 a.m. Delivery sellers would need an adult signature with photo ID at delivery and must collect name, birth date, and address at order time. Wholesalers could not sell to individual consumers. Flavored products would be banned and food-use cartridges would be limited to 8 grams. Packaging rules would ban youth-appealing designs and require a specific warning label covering 20% of the main panel.
What counts as a nitrous oxide product
If enacted, the bill would define a "nitrous oxide product" as any product containing nitrous oxide. It would exclude whipped cream or topping canisters if they are not marketed to encourage inhalation. It would also exclude products regulated by FDA as medical or dental drugs. This tells agencies which products the new rules cover and which are exempt.
Sponsors & CoSponsors
Sponsor
Wyden, Ron [D-OR]
OR • D
Cosponsors
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 7/15/2026
Sen. Padilla, Alex [D-CA]
CA • D
Sponsored 7/15/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov