‘Threats to our Youth’: Legal loopholes leave young people vulnerable to deadly drug

(InvestigateTV) — Maddix Bias’ favorite things - baseball caps, a Cubs shot glass and Big League Chew bubblegum – were once fixtures in the 19-year-old’s bedroom.

Now, his treasured items adorn his black stone grave site.

He dreamed of becoming a carpenter and remodeling houses. Instead, his legacy is linked to a harmful – and sometimes deadly - nationwide trend: inhalation of nitrous oxide.

Bias became a victim when he climbed into the backseat of his employer’s car last year and the driver took a puff.

You may have heard of nitrous oxide during a trip to the dentist’s office. It’s commonly known as “laughing gas” and is used to calm patients during procedures. Nitrous is also legally sold as a culinary product to give whipped cream its fluffy texture. But it’s seeing a recent resurgence for another purpose: illicit recreational drug use by people who inhale it.

Its sales and marketing have relied on loopholes in state and federal laws because it is neither food nor medicine, InvestigateTV has learned. It’s sold online, in convenience stores and vape shops. It’s also a social media phenomenon.

Some state and local governments are trying to fill the void of regulation, creating a patchwork of laws across the country.

Public health experts say the problems will only get worse without federal intervention and lead to more deaths, including for people like Maddix Bias.

“I was completely blindsided. I had no clue about it,” said Candi Morris, Bias’s mother.

Morris, who has spent decades working in a dental clinic, says she had no idea that the medical gas frequently used by licensed professionals in her office was readily available for sale at vape shops, convenience stores and gas stations from coast to coast – marketed with bright packaging and enticing flavors that appeal to young people.

It’s sold not just in smaller containers known as “whipped cream chargers” that give a single high, many people know as whippets, but also in multi-liter tanks big enough to supply dozens of hits by filling nitrous balloons or inhaling straight from the bottle - sometimes with deadly consequences.

That was the case with Bias, who was killed in February 2024. Prosecutors say the woman driving the car he was riding in was huffing nitrous behind the wheel, lost consciousness and crashed into a set of trees on a rural roadway near Norman, Oklahoma.

“To know that my son’s life was taken because someone wanted to get high is a very tough pill to swallow,” Morris said.

Nitrous oxide abuse is prevalent on social media

The tragedy opened Morris’s eyes to a disturbing trend among young people that’s well-documented online. Social media platforms have been flooded with -generated content showing recreational use of nitrous oxide products.

On TikTok, InvestigateTV found a video showing a young man in the enger seat of a moving car inhaling from a nitrous oxide tank in front of an Atlanta police officer. On a Reddit livestream, another young man is taught how to “properly” do nitrous oxide, instructed by a friend who tells him how big to fill a balloon before telling him to inhale the gas off camera.

Another Reddit video shows a young male inhaling directly from a nitrous oxide canister as a friend holds his waist. He then collapses on a bed, his body going limp. The comments on the post are revealing, with one responding, “The sudden surge of usage and social media prevalence is gonna get this sh** outlawed.”

Nitrous oxide abuse has also made recent national headlines, with celebrities drawing attention to the trend. In March, My Chemical Romance drummer Bob Bryar was found dead, surrounded by nitrous oxide tanks. Kanye West announced he plans to sue his dentist for allegedly inducing a nitrous oxide addiction. And in September, R&B singer SZA warned of the dangers of nitrous oxide, tweeting, “somebody protect the children.”

“Parents probably have no idea what it is. If they saw it in their kids’ backpacks, they wouldn’t know,” said Kathi Hoke, director of the Legal Resource Center for Public Health Policy at the University of Maryland Carey School of Law.

Nitrous oxide marketed as a “culinary product” often sold for illicit use in plain sight

Many parents are unaware of the high-stakes game that centers around a legitimate food product that many experts believe is being widely sold for illicit use by retailers with little oversight and no ties to the culinary world.

InvestigateTV, along with partners at some of our stations, ed or visited more than 100 smoke, vape and convenience shops across 29 cities in 20 states to track the sale of nitrous oxide products.

Our team checked whether they sold smaller chargers and larger nitrous tank canisters and examined what brands and flavors were available. We often found nitrous d and sold alongside e-cigarettes and tobacco, and on open display next to cannabis products.

One Atlanta vape store employee claimed their inventory was “unmatched,” offering several different brands of nitrous tanks.

In Memphis, one shop told InvestigateTV they didn’t “get the best flavors at this location,” even though they sold nitrous oxide canister options, including vanilla cupcake and orange creamsicle.

Online nitrous sales are robust, with reviews revealing illicit use

InvestigateTV also discovered a flourishing online marketplace for nitrous tanks, with retail giants and smaller companies selling eye-catching, mouthwatering options like bubblegum, cookies and cream and strawberry splash flavored bottles.

The nitrous canisters are often marketed as food-grade products or pure culinary gas, some with disclaimers about what they’re supposed to be used for and warnings not to inhale them.

However, tanks purchased online and in person by InvestigateTV are big enough to produce 20 to 30 gallons of whipped cream in just one bottle. And the product reviews often reveal that their actual intended use is unrelated to cooking or food preparation.

One buyer gave a popular nitrous brand a five-star review, saying, “best high ever.” Another wrote, “Outstanding - hard to believe this is even possible. Get them while you can, this definitely won’t be legal forever.”

A nitrous supplier even had a review on their company homepage that said, “Sh**s fire - I can feel the whippets in my body”.

For people like Candi Morris who know the potential cost of nitrous abuse, the blind eye being turned toward the blatant sales of a product for illicit use is maddening. “My fear is that it’s getting into the hands of these young kids and that somebody else is going to die from it,” she said.

Nitrous-related injuries are on the rise, with deaths across the country

The consequences of nitrous abuse are taking a toll from coast to coast, with injuries and deaths linked to illicit use increasing.

InvestigateTV filed dozens of public records requests with cities and agencies nationwide, obtaining statistics, investigative case files, and autopsy reports. We received more than 50 records detailing nitrous oxide deaths from across the country in the past five years. Most victims were white and male. A majority of the deaths – 65%- were classified as “accidents.”

Details in the records were startling. Some of the deceased were found surrounded by dozens of whippets in their bathrooms, bedrooms and cars. Others were found “cradling” nitrous oxide canisters, the spouts still inside their mouths.

Incidents are also on the rise, with studies showing emergency room visits related to nitrous abuse increasing. Data shared with InvestigateTV by America’s Poison Centers shows intentional exposures to nitrous oxide rose from 356 in 2023 to 561 in 2024 – a nearly 60% spike.

InvestigateTV also obtained hundreds of nitrous oxide-related incident reports from the FDA through its Adverse Event Reporting System, known as FAERS. These records provide information on cases where recreational nitrous oxide consumption led to hospitalizations, and in some cases, even death worldwide.

In the United States, at least 23 cases involving drug abuse and nitrous oxide were specifically reported as adverse events to the FDA. Nine of those cases that we examined resulted in death.

In March, the agency highlighted the dangers of inhaling nitrous oxide in a public advisory naming products like Miami Magic, Baking Bad and Galaxy Gas as well as major retailers who sell them, including Walmart, Amazon and eBay.

Howard Sklamberg, a former top enforcement official at the FDA, said the move is common when the agency becomes aware of problematic trends with a particular product.

“If something is a serious risk, they’re going to want to take action. And that’s where the communication tools are so important for FDA to say to people, ‘Now wait. Stop. This is important,’” Sklamberg said.

Companies respond following FDA callout, InvestigateTV inquiries

InvestigateTV repeatedly ed the eight manufacturers of nitrous products mentioned specifically by the FDA for comment. None responded.

But Walmart, eBay and Amazon each gave statements.

Amazon’s team told InvestigateTV that third-party sellers are considered independent businesses and are required to follow applicable laws, regulations, and policies when listing items for sale.

The company indicated the safety issues associated with nitrous are on its radar and that it is working to implement proactive measures that will prevent prohibited products from being listed on its site.

In an emailed statement, Walmart said that it “no longer sells N20 charges. We remain committed to providing our customers and with access to safe, compliant, and more affordable merchandise as well as promoting the safe use of products.”

eBay also provided a statement by email to InvestigateTV, saying, “Maintaining a safe and trusted marketplace for our community of sellers and buyers is a top priority for eBay. Following the U.S. Food and Drug istration’s (FDA) warning about the abuse of nitrous oxide; eBay is updating its policies around these products to ensure an appropriate level of enforcement.”

Federal action may be needed to standardize nitrous laws and enforcement

Congressman Raja Krishnamoorthi, who previously led a crackdown on the sale of vapes and e-cigarettes targeted to young people, believes there’s room for stronger federal regulation on nitrous. The Illinois Democrat told InvestigateTV, “My constant complaint about the FDA is that they talk but they don’t act. And now we need to see action.”

In the absence of uniform regulations at the federal level, individual cities and states are stepping in to fill the void. Some, like Oklahoma, have introduced bills following the death of Maddix Bias. Louisiana introduced legislation after reporting by our New Orleans station exposed the extent of the problem there.

InvestigateTV reviewed nitrous oxide laws in all 50 states, Washington, D.C. and Puerto Rico and found a patchwork of regulations.

More than a dozen states ban both possession and distribution of nitrous oxide; at least a dozen others ban “inhalants,” which could include the gas, although it may not be named specifically in the state code.

At least seven states, including Arizona, Ohio and Texas, have crafted legislation that includes age restrictions on nitrous purchases.

“It shouldn’t depend on where you live on how your children are protected from this substance,” Krishnamoorthi said. “I think that this is something that we should act upon, along with a number of threats to our youth.”

Experts say the regulation of nitrous oxide marketing can be complicated

Cracking down on nitrous abuse isn’t as easy as simply crafting a law. InvestigateTV discovered that even well-intentioned legislation can have loopholes. For example, states including Wisconsin and Connecticut have both banned the sale of nitrous oxide if the seller knows it will be used to get high.

Retailers, we found, can easily skirt this restriction by advertising nitrous oxide for the purposes of making whipped cream, for example.

“So, when a product is marketed in a gray area and it’s not quite clear whether it’s outside the boundaries of the authorized areas, enforcement can become complex, factually specific and therefore resource intensive for the FDA,” said Kathi Hoke, the Maryland professor who’s spent decades researching and teaching about public policy law.

Hoke, who recently wrote about the need for a public health response to nitrous oxide misuse, said disclaimers on nitrous products warning they’re not for medical use and should not be inhaled give retailers and distributors some protection. But the way they’re packaged and marketed does have an impact on their potential liability, and whether agencies could have an avenue for enforcement.

“They do have a responsibility to make sure that the product is being marketed consistent with the law and so they can’t turn their eye to what’s actually happening in the real world,” she said.

Given the recent sweeping cuts at the FDA, Hoke said she believes a clampdown on nitrous oxide marketing at the federal level is an unlikely priority. That leaves civil lawsuits to potentially propel change, she said, along with conversations between regulators and the nitrous industry about the harm that’s happening and how to prevent it.

“I think what we really need to see is communication and discussion and negotiation with the manufacturers and retailers because they’re really the source of the product and the ones who could really make a difference. And that’s way more effective than ing more laws that hammer down and require law enforcement,” Hoke said.

Candi Morris is still hoping for federal action but is championing change at all levels. She’s swapped a seat in the cheering section at Maddix’s baseball games for a spot in the state legislature, lobbying for a law in his honor. It stalled in the state Senate after ing unanimously through the Oklahoma House of Representatives.

As she walks through the halls of the state capitol, her son’s bedroom remains exactly as he left it, down to the ID and glasses he left behind on his bureau and an unfinished bag of his favorite candy on the nightstand.

“I just feel like if I take it away, it erases him from my house and I never want that,” Morris said.

While nothing can erase the pain she’s experienced in her son’s death, she says her loss has motivated her efforts to make sure no other mother buries a child because of nitrous.

“It’s not lost on me that something that’s been in my profession for over 20 years, that I have a lot of knowledge about, is in some way what took my son. And I just have to be that voice,” she said. “I think maybe this is what my destiny was. So, I try to draw strength from that and remind myself to keep going because he would want me to keep going.”

Read other stories related to Nitrous Oxide from InvestigateTV:

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