Mothers touched by nitrous oxide addiction bring fight to Congress as House ban proposal gets first hearing

(InvestigateTV) — A bill that would ban retail sales of nitrous oxide received its first congressional hearing this week, with the bill’s author telling lawmakers the measure could save lives.

Rep. Kevin Mullin, D-Calif., introduced the Nitrous Oxide Safety Act, which would direct the Consumer Product Safety Commission to make nitrous a banned hazardous product, while still carving out legitimate uses in medical and culinary settings.

The bill received a hearing in the House Subcommittee on Commerce, Manufacturing and Trade — a step Mullin said came faster than expected.

“I’ll be candid. We were a little bit surprised that we’re actually getting this hearing so quickly after introducing the Nitrous Oxide Safety Act,” Mullin told InvestigateTV. “But I think it’s indicative of the bipartisan support of the bill and really a recognition of the dangers that exist out there.”

Mothers of victims make the trip to Capitol Hill

Two mothers — one whose son nearly died from nitrous addiction, another whose son died following months of using the gas to cope with trauma from military service in active duty war zones— traveled to Washington to attend the hearing and advocate for the legislation.

Gerrie Gray-Benedi, whose son survived a nitrous addiction that left him with blood clots in both lungs, and Julia Charleston, whose son Robert died in 2022, met in person for the first time just outside the U.S. Capitol. The two had previously connected remotely while working together on the issue.

“When I started this in Virginia, I had no one. I just went to my legislator by myself,” Gray-Benedi said of her successful effort to lobby for legislation limiting sales of nitrous oxide in that state. “But as I have met Julia, we’ve been working together and having phone calls and Zooms.”

The pair connected through a Facebook group – PANOS: People Against Nitrous Oxide – created by Charleston in the wake of her son’s death.

“I never imagined that four years later I would be standing here — in Congress in a hearing for a bill that will hopefully remove this poisonous, toxic stuff that took my son’s life,” Charleston said.

Charleston and Gray-Benedi served as representatives for families from coast to coast – people who have lost loved ones. Their pictures were seen on a poster that sat behind Mullin during the hearing as he read letters submitted by their families.

“A mom from Oklahoma shared ‘Nitrous oxide destroyed my life. Please keep Americans safe and never make another mother bury their only child,’” he said.

What the proposed bills would do

While nitrous oxide is used legitimately in dental offices and commercial kitchens, Investigate TV found it’s being sold in vape shops, convenience stores and online retailers nationwide. In a series of investigations earlier this year and in 2025, we discovered canisters large enough to hold hundreds of hits – with brightly colored packaging and appealing flavors experts say are marketed towards young people. Those investigations prompted action by major retailers including Walmart and Amazon.

Still, the consequences of nitrous misuse are impactful.

A 2025 study found a 500% spike in deaths among people who abused nitrous oxide. The stunning trend line was a major factor in Mullin’s decision to call for a complete retail ban for recreational use.

“This is a national problem,” Mullin said. “In my view, this bill is the right approach because of how dangerous nitrous oxide is — regardless of the age of the user, the number of times they use it or the size of the canister. Lives are on the line.”

A separate bill introduced by a group of Senate Democrats stops short of Mullin’s full retail ban. The Nitrous Oxide Inhalation Prevention Act would ban flavored nitrous canisters and marketing directed at young people, while also giving the FDA more oversight over the labeling and packaging of nitrous products.

Senator Ron Wyden, D-Ore., said in an announcement about the proposal, “Companies need to be held accountable for predatory advertising that pushes these addictive products to kids. This is a public health issue.”

Mullin said he welcomes the Senate’s focus on marketing but believes a full ban is the stronger approach.

“I welcome the attention on the marketing because that most certainly is an issue,” Mullin said. “But a ban, we believe, is the cleanest way to deal with this issue. We have local governments and states taking action trying to ban this, but this really doesn’t have state boundaries. This is a national concern. This is an example, an extraordinary example, where the federal government should be involved.”

InvestigateTV has repeatedly attempted to reach the National Smoke Shop Association for reaction to the proposed legislation. The organization, which claims to represent the types of retail outlets where we found nitrous oxide frequently being sold, has no listing of its leadership or public way to contact them. The National Association of Tobacco Outlets also did not respond to repeated requests for comments, one as recent as this week.

Emails sent to manufacturers of nitrous oxide products named in an advisory from the FDA last year have gone unanswered for months.

Impacted families say they’ll continue to push in Washington

Mullin’s bill could advance next to markup, where it would be debated in greater detail before potentially going before the full House Committee on Energy and Commerce. It is not yet known whether the Senate bill will receive a hearing.

Families affected by nitrous oxide misuse are planning a grassroots trip to Capitol Hill to lobby lawmakers door to door in September. Gray-Benedi and Charleston are leading the charge.

“This is for Robert and all of the lost loved ones,” Charleston said. “We’re here to see it to the end. We’re here to see it become a law.”