Newport Beach bans nitrous oxide sales and consumption for recreational use

Newport Beach this week became the latest Orange County city to ban the sale and consumption of nitrous oxide for recreational use.

The gas is commonly used as a painkiller in healthcare facilities, a fuel additive to boost horsepower in engines, and by chefs and bakers to aerate whipped cream and infuse flavors into liquids. It will still be legal to buy and sell nitrous oxide for those purposes.

Canisters of the substance are also known as nitrous or whippets, and have been packaged and marketed for recreational use under numerous brand names including Galaxy Gas, NITROX and Baking Bad.

When inhaled, the gas produces lightheadedness, euphoria and mild hallucinogenic effects. It has been associated with asphyxiation, blood clots, headache, impaired bowel and bladder function, loss of consciousness, and many other symptoms, according to the Food and Drug Administration. Chronic use can lead to brain damage.

An ordinance implementing the Newport Beach ban received final approval from the City Council during its regular meeting Tuesday. The move was hailed in a statement issued after the vote by Orange County Supervisor Katrina Foley as a “critical step toward protecting our youth and preserving public safety.

“I commend City Council for swift action following our countywide initiative,” Foley said. “I encourage more cities to join us in prioritizing community health first.”

The Orange County Board of Supervisors as well as officials in Santa Ana, Stanton and Costa Mesa have been moving toward adopting similar measures. The Costa Mesa City Council is expected to give final approval at a second reading of such an ordinance scheduled for their Oct. 21 meeting.

Research on abuse of the substance is sparse, but studies suggest it’s a growing issue. As many as 1,240 deaths in the U.S. were attributed to nitrous oxide poisoning between 2010 and 2023, according to research published by the Journal of the American Medical Assn. Twenty-three of those fatalities were reported in 2010, a number that grew to 156 in 2023.

In Newport Beach there were just four arrests associated with nitrous oxide use in 2020, according to reports by city staff. More than 10 times as many were recorded in 2024, and there have been 34 so far this year.

“These figures indicate both a consistent upward trajectory in use and a concentration of activity within our community, underscoring the need for proactive intervention,” Newport Beach officials wrote in their report.

A local nitrous oxide ban in Irvine failed to win approval from the City Council in a 4-3 vote on Tuesday. Councilmembers in that city noted that state law already prohibits the recreational use of the gas.