Proposed nitrous oxide ban clears Congressional hurdle, goes to full House for vote

Bipartisan bill would prohibit retail sales of product often called “laughing gas”
A unanimous vote in a powerful committee on Capitol Hill has moved a proposed bill calling for a ban on the retail sale of nitrous oxide to the House.
Published: Sep. 16, 2026 at 5:23 PM CDT

WASHINGTON (InvestigateTV) — A unanimous vote in a powerful committee on Capitol Hill has moved a proposed bill calling for a ban on the retail sale of nitrous oxide for a full vote of the House of Representatives.

Nitrous oxide, a product known as “laughing gas”, is used for legitimate purposes in dental and medical offices as well as culinary and industrial settings.

But InvestigateTV and Gray affiliate stations across the country have been documenting deaths and injuries involving people who have used it as a recreational drug by inhaling the gas.

During markup in the House Committee on Energy and Commerce Wednesday, lawmakers voted unanimously 36-0 to pass the bill forward – a major hurdle for the legislation that would prohibit the sale of nitrous directly to consumers.

These sales are a problem InvestigateTV discovered happening in vape shops, tobacco retailers and convenience stores across the nation, with major online retailers also selling nitrous in large, colorfully labeled tanks big enough to supply hundreds of hits.

The Nitrous Oxide Safety Act was proposed by Rep. Kevin Mullin (D-CA), who said during the meeting, “I want to be clear that I don’t take bans of any kind lightly. We should be sure that a product’s benefit to society is outweighed by its harm. A consumer ban is both necessary and appropriate because nitrous oxide is that dangerous.”

The victory comes just two weeks after a group of more than 40 parents impacted by nitrous abuse visited Capitol Hill as part of an “Advocacy Day” organized by People Against Nitrous Oxide, or PANOS. The group was founded by Julia Charleston, whose son took his own life after struggling with nitrous addiction.

“At a time when our country is more divided than ever, it’s such a beautiful moment in history to see both sides of the aisle come together in unity for a lifesaving bill,” Charleston told InvestigateTV after the committee vote.

In early September, InvestigateTV followed members of PANOS as they went door to door on Capitol Hill, drumming up support for the proposed ban. Since their visit, the bill has gained 19 bipartisan cosponsors.

Gerrie Gray-Benedi was among the parents calling for action on the legislation. Her son nearly died as a result of nitrous addiction.

“As I heard the unanimous ‘aye’ votes, I wasn’t just hearing votes, I was thinking about the families behind them – the families who sat beside hospital beds praying their loved ones would survive and the families grieving those who never came home,” she said.

With approval from the full committee, the bill now moves on to the House floor for a full vote by the entire chamber.

“Today’s vote is a testament to the hard work and determination that the families and advocates have poured into this fight, and I’m proud to see that work paying off,” Mullin said in a press release.

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.

The Senate legislation has been sent to the Committee on Health, Education, Labor and Pensions for consideration.