Texas Man Pleads Guilty to Selling Over $8 Million of Dangerous Recreational Drugs Known as “Poppers” That Were Mislabeled as Tape Cleaner

A Texas man pleaded guilty yesterday to two counts of criminal conspiracy related to misbranding volatile alkyl nitrites, known by their street name as "poppers," and selling them as inhalants in violation of federal law. Although the labeling for poppers products often misleadingly claims they are sold as cleaning agents, poppers are commonly misused for recreational purposes by being inhaled through the nose. Critically, misuse of volatile alkyl nitrates can cause serious adverse health effects, including irregular heartbeat, vision loss, and death.

"The defendant helped sell more than $8 million of dangerous drugs misbranded as cleaning agents, while concealing their true intended use as recreational inhalants," said Assistant Attorney General A. Tysen Duva of the Justice Department's Criminal Division. "Volatile alkyl nitrites, or poppers, can cause serious and sometimes fatal health effects. Yesterday's plea reflects the Department's commitment to keep Americans safe by prosecuting those who participate in the distribution of illegal substances in our communities, particularly when false and misleading labels are involved."

"Yesterday's guilty plea demonstrates The Food and Drug Administration's (FDA) unwavering commitment to holding accountable those who distribute falsely labeled products that endanger public health," said Acting Special Agent in Charge Robert Iwanicki of the FDA Office of Criminal Investigations Kansas City Field Office. "Nitrite 'poppers' can cause serious adverse health effects, including death, when ingested or inhaled, and the FDA will continue to take appropriate actions to protect the public health."

"Misrepresenting hazardous products to evade federal safety requirements is illegal," said Acting Chairman Peter A. Feldman of the U.S. Consumer Product Safety Commission (CPSC). "To protect the safety of the American public, CPSC will work with our federal law enforcement partners to identify violations, shut down criminal operations, and hold offenders accountable."

According to court documents, Brett Sandy, 41, of Austin, Texas, worked for an Austin-based poppers manufacturer from January 2019 until in or around February 2025. Sandy oversaw the bookkeeping for the company and spoke with customers seeking to purchase poppers to misuse as a drug. Sandy admitted that the poppers shipped from his employer, with names such as "love potion" or "pumpkin spice latte," were falsely labeled as "tape cleaner" to defraud the FDA and the CPSC about the intended purpose of the substances. Sandy also admitted that he facilitated the sale of hundreds of bottles of poppers from his company to an individual with the understanding that the individual intended to distribute them as a drug at a "sexy singles party." In pleading guilty, Sandy agreed that the evidence shows that, while he worked for the company, it sold more than $8.4 million in unlawful poppers products.

Sandy pleaded guilty to one count of conspiracy to violate the Food, Drug, and Cosmetic Act and one count of conspiracy to violate the Consumer Product Safety Act. He faces a statutory maximum term of five years in prison for each count. A sentencing date has not been set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FDA Office of Criminal Investigations is investigating the case.

Trial Attorney Max J. Goldman of the Criminal Division's Fraud Section is prosecuting the case.

Consumers who have experienced an adverse event (illness or injury) after using nitrite "poppers" should consult their healthcare providers. To report a complaint or adverse event (illness or serious allergic reaction), visit Industry and Consumer AssistanceLinks to other government and non-government sites will typically appear with the "external link" icon to indicate that you are leaving the Department of Justice website when you click the link. and Reporting Unlawful Sales of Medical Products on the InternetLinks to other government and non-government sites will typically appear with the "external link" icon to indicate that you are leaving the Department of Justice website when you click the link..

The Health and Safety Unit within the Department's Criminal Division works with law enforcement partners to investigate and prosecute violations of federal laws designed to protect public health and safety. The unit focuses on corporations and individuals who make and sell dangerous drugs, food, and other consumer products that could cause significant harm to Americans. For more information, see https://www.justice.gov/criminal/criminal-fraud/health-safety-unit.