N₂O: Source to Consumer — The Full Pipeline
Companion Document to SC S.751 Senate Judiciary Committee Briefing
Compiled February 14, 2026 — All sources verified at time of research
OVERARCHING FINDING: Every node in the N₂O supply chain — from Chinese factory to American consumer — operates with zero federal controls specific to recreational nitrous oxide. S.751 addresses only the final link: retail sale to minors. The first six links (manufacturing, branding, import, federal oversight, wholesale, online) have no N₂O-specific regulation at any level.
1. CHINESE MANUFACTURING
REGULATORY GAP
No export controls on recreational N₂O. Chinese factories openly advertise OEM/white-label services [7] — any buyer with a trademark and a minimum order can have a fully branded N₂O product line manufactured, packaged, and shipped within weeks.
▶ Factory capacity figures originate from company marketing materials. No independent third-party facility audits were located.
The OEM / White-Label Model
▶ Chinese factories will create a brand from scratch. A buyer with a registered trademark and minimum order (typically 4,000-8,000+ units) gets a fully custom-branded N₂O product line — custom bottle color, logo, finish, flavors, packaging — manufactured and shipped within weeks. [7]
▶ Alibaba and Made-in-China.com list dozens of suppliers offering OEM whipped cream charger services. [7]
▶ A single factory (Alizee Gas) manufactures for ExoticWhip, Baking Bad, Miami Magic, and InfusionMax — all marketed as distinct independent brands. [4]
▶ Most "brands" manufacture nothing. They are marketing and distribution shells. [4]
The $1 Trademark Transfer
▶ Galaxy Gas trademark (Serial #97426348, Registration #7647108) was transferred for $1 to OIIO FD TEK, LLC — an entity in a Kennesaw, GA industrial park. [6]
▶ Rolling Stone reported the brand is "now owned by the Chinese company that is also Galaxy Gas' manufacturer" — believed to be Anqiu Hengan, whose Made-in-China listings explicitly show Galaxy-branded products. [6] [3]
▶ The full chain (OIIO FD TEK → Pluto Brands LLC → Chinese manufacturer) remains deliberately opaque. [6]
30+ distinct brand names [4] sell N₂O in the US market, sourced from a handful of Chinese factories. Most manufacture nothing. Many are registered offshore or at virtual addresses. When one brand faces regulatory action, others immediately fill the gap.
Galaxy Gas (Amor Brothers / SBK International / Cloud 9)
▶ Founded: October 2021 in Georgia by three brothers (Sammy, Ben, Karim Amor). Galaxy Gas LLC, SBK International LLC, and Cloud 9 Smoke & Vape all shared the same Kennesaw, GA address. [1]
▶ Revenue: "Millions of dollars a month" (former employee to Rolling Stone). 10,000+ canisters per shipment; 20 orders/day at peak. [1]
▶ Former employees confirmed virtually no orders came from culinary institutions. All smoke shops, gas stations, wholesale distributors. [1]
▶ Timeline: Founded 2021 → viral "Lil-T Man" Atlanta video July 2024 (~1.4M likes) → Rolling Stone investigation → sales halted Sept 19, 2024 → brand sold for $1 on Oct 3, 2024 → SBK International revoked Sept 27, 2024 (failure to file). [1]
Whip-It! (United Brands)
▶ Full name: United Brands Products Design, Development and Marketing, Inc. (South San Francisco, CA). [2]
▶ Founder: Jimmy Zahriya — previously indicted in 2003 on federal conspiracy to sell illegal drug paraphernalia (received 18 months probation). [2]
▶ Products: 8g chargers (steel, made in Hungary); 580g cylinder tanks; dispensers; butane products. [2]
▶ $745 million verdict (Chaplin v. Geiger, No. 20SL-CC06071, St. Louis County, MO, Sept 8, 2023): Marissa Politte, 25, killed on sidewalk by driver huffing Whip-It! canisters. United Brands found 70% liable. Settled April 2024 for $5 million (defendants waived right to appeal). [2] [3]
▶ Trial evidence: Former warehouse employee testified 75% of product went to smoke shops. Company sales records showed 60% of Missouri retail sales over 10 years went to adult stores, liquor stores, and smoke shops. [2]
ExoticWhip (Offshore Structure)
▶ Legal entity: ExoticWhip Foodie Marketing Ltd., registered in Mauritius (Cybercity Ebene — offshore corporate park). Operationally rooted in Amsterdam. Present in 17+ countries. [5]
▶ Manufactures nothing. Products made by Alizee Gas (Shandong, China) — the same factory making Baking Bad and Miami Magic. [5]
GreatWhip (Factory-Direct)
▶ US entity: GreatWhip USA Inc., 8 The Green, Suite A, Dover, DE — a virtual registered-agent address used by thousands of shell companies. [6]
▶ Unique model: GreatWhip is the Chinese factory (Shanghai Congyi) selling direct to US consumers. 185+ customs shipments documented. [6]
White-Label Shell Brands
BRAND
ENTITY / TRANSPARENCY
MANUFACTURER
NOTABLE
Cosmic Gas
Cosmic Brands LLC (Elk Grove, CA; June 2024)
Chinese OEM
Named in FDA March 2025 warning
MassGass
No corporate registration found
Chinese OEM
Published "Why Did Galaxy Gas Shut Down?" as marketing
No import license required at any quantity [1]. No FDA pre-market screening [2]. No end-use verification [1]. CBP collects duties and waves product through. N₂O enters the US as a lawful inorganic chemical, not as a food, drug, or consumer good.
HTS Classification
▶ HTS 2811.29.5000 — classified as an inorganic chemical. CBP Ruling N273909 confirms this for nitrous oxide (CAS # 10024-97-2). [1]
▶ Duty rate: 3.7% ad valorem + 25% Section 301 tariff on Chinese-origin large-format canisters (List 3, effective May 10, 2019). Combined effective rate: 28.7%. [1]
GRAS Status and the Culinary Use Loophole
▶ 21 CFR § 184.1545: N₂O is affirmed as GRAS (Generally Recognized as Safe) as a direct human food ingredient with "no limitations other than current good manufacturing practice." [2]
▶ This is the most permissive GRAS category. No quantity limit, no specific food category restriction, no special conditions. [2]
▶ Every N₂O brand exploits this status. Products are nominally "whipped cream chargers" — even when sold in smoke shops, in candy-colored packaging, with fruit flavors, to consumers with no culinary purpose. [2]
Known Importers
IMPORTER
LOCATION
SUPPLIER
NOTABLE
SBK International
Kennesaw, GA
Anqiu Hengan (Shandong)
12,096+ cylinders per shipment to Atlanta warehouses. INACTIVE — revoked 09/27/2024 [3]
SD Import LLC
Clinton Twp, MI
Hunan Twopower Gas
Declared N₂O as "industrial usage." Warehouse exploded Mar 2024, killing a 19-year-old. Owner charged with involuntary manslaughter. [4]
MOOWHIP LLC
Flushing, NY
Zhejiang/Guizhou factories
Imports cylinders up to 4,500g (4.5L). No oversight of sizes.
GreatWhip USA Inc.
Dover, DE (virtual address)
Shanghai Congyi
185+ documented customs shipments. Factory selling direct via US shell.
Six federal agencies have theoretical jurisdiction over some aspect of the N₂O supply chain. None has taken meaningful enforcement action. The sole federal criminal case (Operation No Laughing Matter, 2013) [5] was a misdemeanor prosecution 12+ years ago that has never been replicated.
Agency-by-Agency Assessment
AGENCY
AUTHORITY
ACTION TAKEN
GAP
FDA
FD&C Act (misbranding, GRAS)
2 consumer advisories (2025). Zero warning letters. Zero import alerts. Zero seizures. Zero recalls. [1]
GRAS with "no limitations" provides legal cover
DEA
Controlled Substances Act
Never initiated scheduling. WHO ECDD declined critical review (Oct 2023). [3]
Unscheduled; no jurisdiction
FTC
FTC Act § 5 (deceptive marketing)
Zero investigations despite Galaxy Gas replicating JUUL playbook
Youth-targeted marketing proceeds with impunity
CBP
Tariff collection
Collects 3.7% + 25% duties
No end-use screening; classifies, taxes, waves through
EPA
TSCA § 13 import certification
Self-certification paperwork
Checkbox compliance; no verification
DOT
Hazmat regulations (49 CFR)
Transport safety only (UN1070, Class 2.2)
Regulates how it moves, not why or to whom
FDA: Tools Exist, Not Used
▶ March 2025: FDA issued a formal consumer advisory naming 8 nitrous oxide brands and warning consumers not to inhale N₂O from any size canisters, tanks, or chargers. June 2025: Expanded to 15 brands. Both are advisories only — not enforcement actions. No import alerts, product seizures, or enforcement actions followed. [1]
▶ Contrast: FDA/CBP jointly seized $76 million in unauthorized e-cigarettes (Oct 2024, 3 million units, all from China) using the same FD&C Act authority that could apply to N₂O. Same statute, same agency — zero action on N₂O. [2]
▶ FY2026: Senate Appropriations includes $200 million for illicit tobacco enforcement. Zero dollars specifically appropriated for N₂O enforcement. [6]
DEA: Why N₂O Remains Unscheduled
▶ WHO 46th ECDD (Oct 2023) conducted a pre-review and recommended N₂O NOT proceed to critical review. Placed under surveillance instead. [3]
▶ Federation of American Hospitals formally opposed scheduling — feared supply chain disruption for medical/surgical N₂O. [4]
▶ The UK reclassified as Class C drug (Nov 2023). Netherlands placed on Opium Act List II (Jan 2023). The US has no equivalent action. [3]
Operation No Laughing Matter (2013) — Sole Federal Criminal Action
▶ 15-month FDA Office of Criminal Investigations probe. 26 search warrants, 17 businesses raided across Los Angeles, Orange, and Riverside Counties. [5]
▶ 367 tanks / 36,000 lbs of N₂O seized (street value ~$20 million). 4 defendants charged. [5]
▶ Legal theory: N₂O distributed for recreational inhalation is a "drug" under the FD&C Act (intended to affect the structure/function of the body). Sold without prescription or proper labeling = misbranded drug. [5]
▶ Maximum penalty: 1 year imprisonment / $100,000 fine (misdemeanor). [5]
▶ This remains the only federal criminal enforcement action ever targeting recreational N₂O distribution. It was 12+ years ago and has never been replicated. [5]
No distributor license required. No volume reporting to any agency. No tracking of where product goes after import. Compare this to pseudoephedrine, which requires DEA registration [3], purchase limits, electronic real-time tracking, and mandatory reporting — for a cold medicine.
How N₂O Wholesale Operates
▶ SBK International (Kennesaw, GA): Galaxy Gas's distribution arm. 12,096+ cylinders per shipment to Atlanta warehouses. Managed 52+ stores and 3 franchise locations through unified commerce software. [1]
▶ SD Import LLC (Clinton Twp, MI): Imported from Hunan Twopower Gas, declaring product as "for industrial usage" — despite consumer-grade cream chargers sold through smoke shops. Warehouse exploded March 4, 2024, killing a 19-year-old struck by a flying N₂O canister. Owner Noor Kestou charged with involuntary manslaughter. [2]
▶ MOOWHIP LLC (Flushing, NY): Importing cylinders from 640g to 4,500g (customs records). No oversight of sizes imported.
Pseudoephedrine Comparison
The DEA tracks every purchase of pseudoephedrine (a cold medicine) in real time across 38 states [3]. There is zero federal tracking of nitrous oxide distribution at any level.
Online sales bypass all state retail laws. No age verification at point of sale. Same-day delivery nationwide. Louisiana banned retail N₂O sales entirely [4] — consumers can still buy on Amazon. Germany banned [3] mail-order N₂O distribution. The US has no equivalent.
Lira v. Amazon (January 2026)
▶ Case: Alexandra Lira et al. v. Amazon.com Services LLC et al., No. 26-2-03961-5 SEA (King County, WA). [2]
▶ ~90 plaintiffs nationwide, filed January 28, 2026 by Keller Postman. [1]
▶ Core allegation: Amazon's and manufacturers' profit model "depended on consumers' recreational inhalation of nitrous oxide because there is no meaningful market for large, flavored nitrous oxide canisters outside of that use." [1]
An estimated 100,000+ smoke shops nationwide (no authoritative count exists). No federal license required to sell N₂O. No training requirement. No purchase limit. No age check at the federal level. Cloud 9 demonstrated the vertical integration model: own the factory pipeline, own the wholesale operation, own the retail chain.
Florida Enforcement Results
▶ Florida's felony statute (§ 877.111) enabled a statewide sting in September 2025 resulting in 70 felony arrests in a single operation. [1]
▶ This demonstrates that felony-level penalties produce enforcement action. SC S.751's $100 misdemeanor fine does not provide the same deterrent or prosecutorial incentive. [2]
The Cloud 9 Vertical Integration Model
▶ The Amor brothers operated the entire pipeline: Chinese manufacturing (Anqiu Hengan) → US import (SBK International) → wholesale distribution → 70+ retail stores (Cloud 9) across GA, FL, TN, WV. [4]
▶ Cloud 9 stores were positioned adjacent to every major Georgia university campus: Georgia Tech (North Ave), Emory (Oxford Rd), KSU (3 locations), UGA (2 Athens locations). [4]
▶ This model shows how a single operation can control source-to-consumer with no regulatory friction at any point.
Western Australia Model (2024)
Western Australia (Nov 2024): N₂O can only be sold to registered food and beverage businesses. Individuals cannot purchase in any form. Buyers must show evidence of registered food business. Penalty: up to $30,000; on-the-spot fines up to $6,000. Described as the "toughest 'nang' rules in Australia."
▶ 1,240 Americans dead from N₂O poisoning (2010-2023, ages 15-74). Deaths rose from 23 (2010) to 156 (2023) — 578% increase. 74% occurred in the last 7 years. (JAMA Network Open, Yockey & Hoopsick, 2025) [1]
▶ 1 in 20 Americans (5%) has used N₂O recreationally. [5]
Poison Center Data
▶ National: Intentional N₂O exposures increased 1,332% over 22 years (28 cases in 2003 → 401 in 2024). 29% required hospital admission; 10% required ICU. (Clinical Toxicology, 2025) [2]
▶ Michigan (only state with published data): Poison center cases +380%, ED visits +757%, EMS responses +420% (2019-2023). 14 fatalities (7.3% of EMS responses). (CDC MMWR, April 2025) [3]
▶ B12 depletion: N₂O irreversibly oxidizes cobalt in vitamin B12, inactivating it. This disrupts methionine synthase, causing accumulation of methylmalonic acid and homocysteine. [4]
▶ Myeloneuropathy: Subacute combined degeneration of the spinal cord. Only 14% of patients achieve full neurological recovery; 86% live with permanent impairment. [4]
▶ Cerebral degeneration: Progressive brain damage documented on MRI in chronic users. [4]
▶ Asphyxiation: N₂O displaces oxygen. Death occurs when users inhale in enclosed spaces or from bags/masks. [4]
▶ Undetectable: Eliminated from the body in 1-2 minutes. Not detected by standard breath, blood, or urine tests. Cannot be identified in standard DUI testing. [4]
Eight countries have enacted supply-side N₂O regulations. The Netherlands provides the strongest evidence: an 84% reduction in poisonings and 77.5% reduction in police incidents after placing N₂O on its Opium Act [1]. The US has done nothing comparable.
The Netherlands — The Strongest Evidence
Opium Act List II (effective Jan 1, 2023). Interrupted time-series study (van Riel et al., IJDP, 2026) found poison center exposures fell from 144 (2020) to 23 (2023) — 84% reduction. Police incidents fell from 41,644 to 9,363 — 77.5% reduction. Partial rebound in 2024 (exposures to 48, incidents to 16,929) — still well below pre-legislation levels.
▶ N₂O placed alongside cannabis on List II (soft drugs). Illegal to produce, sell, purchase, transport, or possess for recreational use. [1]
▶ Exemptions for legitimate technical and food additive purposes (small 8g chargers remain legal for catering). [1]
Every tool needed to regulate the N₂O supply chain already exists in US law. The pseudoephedrine model went from one state law to federal legislation in 23 months. The FDA has demonstrated the capability to seize $76M in imports using the same FD&C Act authority applicable to N₂O. Section 907 provides a tested framework for banning flavored products.
The Oklahoma / CMEA Pseudoephedrine Model
▶ April 7, 2004: Oklahoma Governor Brad Henry signs HB 2176 (Trooper Nik Green Act) — first state to schedule pseudoephedrine (Schedule V). All PSE moved behind pharmacy counter. Result: 95% of meth labs eliminated within 7 months. [1]
▶ March 9, 2006: President Bush signs federal CMEA (Combat Methamphetamine Epidemic Act). Timeline: 23 months from state law to federal law. [2]
▶ Relevance: S.751 could be the Oklahoma of N₂O. A single state law, proven effective, that creates momentum for federal action within ~2 years.
FDA E-Cigarette Enforcement Precedent
▶ $76 million seizure (Oct 2024): 3 million units of unauthorized e-cigarettes, all from China, using FD&C Act misbranding authority — the same legal tools that could apply to N₂O. [5]
▶ $200 million FY2026 appropriation for illicit tobacco enforcement. Zero dollars for N₂O. [7]
▶ PMTA requirement: Pre-Market Tobacco Application (21 CFR Part 1114) mandates FDA review before any e-cigarette can be legally marketed. A similar framework could require pre-market authorization for consumer N₂O products.
▶ FDA/DOJ Task Force (June 2024): Multi-agency enforcement including ATF, Marshals, Postal Inspection, FTC. Criminal prosecution under PACT Act and FD&C Act. Six injunctions obtained. Could be replicated for N₂O. [6]
Section 907 Cigarette Flavor Ban
▶ Family Smoking Prevention and Tobacco Control Act (signed June 22, 2009). Section 907(a)(1)(A) banned characterizing flavors in cigarettes (strawberry, grape, clove, vanilla, etc.). [4]
▶ Implementation: Effective September 22, 2009 — 3 months from enactment to enforcement. [4]
▶ N₂O application: A "special rule for N₂O products" could ban characterizing flavors (fruit, candy, dessert) in consumer-grade chargers while permitting unflavored products for legitimate culinary use. The enforcement mechanism (warning letters, seizures, injunctions) is already battle-tested.
Ranked Intervention Options
#
INTERVENTION
MECHANISM
FEASIBILITY
PRECEDENT
1
FDA Import Alerts
Administrative — no legislation needed
HIGH
$76M e-cigarette seizure (Oct 2024) [5]
2
Flavored Product Ban
Legislative — Section 907 model
MEDIUM
Cigarette flavor ban (2009, 3-month implementation) [4]
3
Importer Registration
Regulatory — mandatory FDA registration + volume reporting
NPLEx: 38 states, zero cost, 23-month state-to-federal [3]
5
Distribution Channel Restriction
Ban smoke shop sales — culinary/restaurant supply only
MEDIUM
Western Australia: registered food businesses only
The highest-feasibility intervention is also the lowest-cost: FDA import alerts are administrative actions requiring no legislation. The FDA demonstrated this capability with $76M in e-cigarette seizures using the same FD&C Act authority. The question is not whether the tools exist. It is whether there is political will to use them.
JAMA Network Open, Clinical Toxicology, CDC MMWR, European Journal of Neurology, IJDP (Netherlands), medRxiv
Federal agency sources
14
FDA advisories, CBP rulings, DEA CMEA, DOJ press releases, EPA TSCA, WHO ECDD, Federal Register
Court filings / legal records
8
Chaplin v. Geiger, Iannotti v. Galaxy Gas, Lira v. Amazon, Johnson wrongful death, DiPirro v. United Brands
Legislative / statutory sources
12
UK SI 2023/1091, Netherlands Opium Act, France Loi 2021-695, Sweden SFS 2025:621, Germany NpSG, WA Medicines & Poisons Regs, FL §877.111, GA §16-13-79, SC S.751
UK seizure statistics, UK prevalence survey (ONS), FL Governor statewide sting, WA Health enforcement
▶ Total unique sources cited: 70+
▶ Source methodology: All URLs verified at time of research. Peer-reviewed data prioritized for mortality/morbidity claims. Agency sources used for regulatory analysis. Trade databases used for import/supply chain data. Court filings used for litigation claims. Where claims originate from company marketing (factory capacity figures), this is explicitly noted.
▶ Unverifiable claims flagged: Chinese factory capacity figures (self-reported, no independent audits); Kim Castro's 4 GA client deaths (single source, not independently confirmed); exact number of US smoke shops (no authoritative count exists).
BOTTOM LINE FOR THE COMMITTEE
The nitrous oxide supply chain is a seven-link pipeline: Chinese factory → OEM branding → US port of entry → wholesale distribution → online/retail → consumer → harm. S.751 addresses one link: retail sale to minors, with a $100 fine.
Every tool needed to regulate this pipeline already exists in US law. The FDA has the authority to issue import alerts, seize misbranded products, and require pre-market authorization — it demonstrated this by seizing $76 million in e-cigarettes from China using the same FD&C Act. The CMEA pseudoephedrine model shows how a single state law can reach federal legislation in 23 months, creating an industry-funded tracking system at zero taxpayer cost. Section 907 provides a tested framework for banning flavored products that took only 3 months from enactment to enforcement.
The Netherlands provides the outcome data: an 84% reduction in poisonings after supply-side intervention. The UK provides the enforcement data: seizures up 143%, youth use cut from 3.3% to 1.3%. Eight countries have acted. The US — which absorbs 59% of all global N₂O shipments — has issued two advisories.
S.751 is a necessary first step. But if South Carolina wants to be the Oklahoma of nitrous oxide — the state that proves a model and catalyzes federal action — the committee should consider whether $100 fines at the retail level are sufficient, or whether the bill should be designed to address the full pipeline.
Research compiled February 14, 2026. All URLs verified at time of research. No inferences presented as facts. Where data does not exist, the absence is documented. National and international data clearly labeled. Company-sourced claims explicitly identified. This document is not legal advice.
Prepared as companion to SC S.751 Research Briefing and GA Research Briefing — South Carolina Senate Judiciary Committee