Written on: September 1, 2026 by Nicholas Georges
For an industry built on innovation, convenience and performance, few issues present a greater challenge than balancing product accessibility with public safety. The intentional misuse of legitimate consumer products exemplifies this challenge, existing at the intersection of public health, consumer awareness and responsible product stewardship.
The latest National Survey on Drug Use & Health (NSDUH) from the U.S. Substance Abuse & Mental Health Services Administration (SAMHSA) underscores the importance of continued industry awareness and prevention efforts.i Inhalants represent a broad category that includes adhesives, degreasers, gasoline, gases, nitrites, aerosols and other products manufactured for legitimate purposes. However, some of these products may be intentionally misused to achieve intoxicating effects, often by depriving the brain of oxygen. Although intentional inhalant misuse occurs at significantly lower rates than the use of alcohol, tobacco, marijuana, prescription medications and illicit drugs, attention to this issue remains critically important.
For the aerosol industry, this issue is unfortunately not new. Manufacturers, suppliers, marketers and retailers have long recognized that products designed for specific functions can also be targeted for intentional misuse. As a result, Industry has worked to balance maintaining access to essential products with implementing education and other measures that help reduce opportunities for misuse.
Inhalation abuse can be misunderstood because it does not fit neatly into traditional categories of substance misuse. While some substances are intentionally misused as inhalants because of their addictive properties, many others—including aerosol propellants—do not possess those characteristics. Although these substances may not produce physiological dependence or chemical addiction, repeated intentional misuse can contribute to psychological dependence and compulsive behaviors.
Aerosol products have been part of public discussions surrounding inhalant misuse because of their availability and widespread household presence, but they are only one category of products that may be intentionally misused. HCPA is aware of more than 70 State laws addressing inhalant abuse. More recent laws enacted in Minnesotaii and Oregoniii focus specifically on aerosol dusters, while many others address products such as glues, solvents and nitrous oxide.
For industry stakeholders, the key distinction is that intentional misuse does not diminish the value or necessity of legitimate products. Aerosols support industries ranging from manufacturing and automotive maintenance to electronics, food service, personal care and household applications. The appropriate response is therefore one centered on prevention, education and responsible stewardship.
Readers of SPRAY Technology & Marketing may recall that the U.S. Consumer Product Safety Commission (CPSC) previously considered a rulemaking addressing aerosol dusters associated with inhalation abuse. The issue has now reached Capitol Hill, with two separate pieces of legislation introduced this year.
The Duster Inhalation Prevention Act (S. 5002), introduced by Senator Wyden (D-OR), reflects growing Congressional attention on the intentional misuse of aerosol duster products. As currently drafted, the bill would designate HFC-152a and HFC-134a as hazardous substances under the Federal Hazardous Substances Act (FHSA). It would also prohibit the sale of aerosol products regulated under the FHSA that contain more than 18 mg of one or both of these propellants and authorize the CPSC to designate additional propellants as hazardous.
Separately, the Nitrous Oxide Safety Act (H.R. 7945) was introduced to prohibit the sale of consumer products containing nitrous oxide. The current bill includes important exclusions, including aerosol food products, although some stakeholders continue to advocate for a complete ban.
Regardless of the outcome of these legislative proposals, it is clear that product categories associated with intentional misuse are receiving heightened scrutiny, and industries connected to those products will remain part of the conversation. For the aerosol community, staying informed and engaged is essential. Industry’s message should remain consistent: Aerosol products provide significant benefits across modern life, and those benefits depend on responsible manufacturing, distribution and use.
The challenge is not the existence of these products but rather preventing their intentional misuse while preserving the innovation and value they provide. As new data emerge and legislative discussions continue, collaboration among manufacturers, regulators, retailers, educators and consumers will remain essential to ensuring safety throughout the product lifecycle—from development and distribution to consumer use and disposal.
To stay informed and engage on this critically important issue, please contact me at [email protected]. SPRAY
i The 2025 National Survey on Drug Use & Health can be found here.
ii Minn. Stat. § 325F.078
iii Or. Rev. Stat. § 475.376
