Sen. Sutton backs bill to curb flavored nitrous oxide sales in vape shops

At a General Law Subcommittee hearing, Senator Sutton presented S.751, a bill aimed at restricting sales of flavored nitrous oxide products—sometimes marketed as “galaxy gas” or “whippets”—in vape shops and similar retail outlets while exempting culinary and certain automotive uses.

Senator Sutton told the panel the legislation is intended to “get this product out of vape shops, but also preserve the commercial and industrial uses” and that it resulted from research and constituent outreach. He said the bill targets flavored nitrous oxide marketed to young people with colorful packaging and that production of the flavored products is often overseas.

The bill drew testimony from Michelle Beaver of Charleston County, who described the products being sold in large tanks rather than small culinary chargers and warned of health harms and addiction. "It is addictive. It is destructive, and it does pose risk to our society," Beaver said, adding that chronic use can cause severe vitamin B12 deficiency and neurological damage, and recounting personal stories of hospitalizations and rehabilitation tied to use. She described sample tank sizes she said retailers were selling—2,000‑gram and 4,000‑gram cylinders—contrasting them with an 8‑gram culinary canister used for whipped cream.

Sally Foster, director of the South Carolina Sheriff's Association, also testified in support and urged passage as a public‑safety measure. "We fully support it," Foster said, describing instances where family members were harmed and arguing the bill gives law enforcement another tool.

Chair Kaye Britton offered a strike‑and‑insert amendment to reassign enforcement authority from the Department of Health to the South Carolina Law Enforcement Division (SLED), saying the Department of Health had consulted with SLED and agreed. The amendment was accepted and adopted.

A roll call followed. Multiple members verbally recorded "aye," and Chair Britton stated the bill was "favorable as amended" and reported, "That's 14," indicating 14 yes votes were recorded. The subcommittee moved S.751 to the full committee.

Why it matters: Testimony framed the issue as a public‑health and safety concern—witnesses and law‑enforcement representatives said the flavored nitrous oxide products are being marketed and sold in quantities beyond culinary use and are being used recreationally by young people. The bill attempts to balance restricting retail availability while maintaining legitimate culinary and industrial access.

What’s next: S.751 was reported favorably to the full committee as amended. The bill will be considered at the next stage in the legislative process.