Wyden, Blumenthal, Padilla Introduce Bill to Crack Down on Nitrous Products, Protect Kids

Wyden, Blumenthal, Padilla Introduce Bill to Crack Down on Nitrous Products, Protect Kids

New bill takes aim at deceptive marketing, would establish programs for prevention and education grants

Washington, D.C. - U.S. Senators Ron Wyden, D-Ore., Richard Blumenthal, D-Conn., and Alex Padilla, D-Calif., today introduced legislation that would curb the rising abuse of nitrous oxide-related products among young Americans.

"Companies need to be held accountable for predatory advertising that pushes these addictive products to kids," Wyden said. "This is a public health issue, and just like I took on Big Tobacco years ago, I'm going to be on the forefront of protecting kids and consumers."

"Our measure cracks down on companies' deceptive marketing of nitrous oxide," said Blumenthal. "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."

"Nitrous oxide misuse has had serious impacts on young adults and communities across California, and we must protect young adults who are most susceptible to the terrible effects of these dangerous, unregulated products," said Senator Padilla. "Our bill would address this growing public health threat and hold predatory companies accountable."

Nitrous oxide misuse has risen sharply among young people, with deaths increasing more than 500% from 2010-2023 and significant spikes in poison center reports and ER visits nationwide. Health providers have also reported increasing incidents involving nitrous oxide-related neurological harm in young people.

The Nitrous Oxide Inhalation Prevention Act:

• Establishes the first national framework to regulate access to nitrous oxide

• Strengthens Food and Drug Administration (FDA) oversight of retail access, packaging, labeling and sales practices related to nitrous oxide products

• Establishes age restrictions, bans on flavored cartridges, and youth-targeted marketing.

• Creates prevention and education grants, to support community coalitions, schools, and first responders to address this emerging public health threat

Wyden also introduced the Duster Inhalation Prevention Act, a bill that establishes clear federal consumer safety standards to reduce inhalant misuse of compressed air dusters, often used to clean electronics. This bill would classify dangerous duster propellants as hazardous substances and ban the most dangerous aerosol duster products. Legislative text for that bill is here.

A one-pager of the bill is here.

Legislative text is here.

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