A Texas man pleaded guilty to two federal conspiracy charges related to the misbranding and sale of volatile alkyl nitrites — commonly known as “poppers” — which were falsely labeled as cleaning products to conceal their intended use as recreational inhalants, the Justice Department announced.
Brett Sandy, 41, of Austin, entered the plea and admitted to helping sell more than $8.4 million in unlawful poppers products while working for an Austin-based manufacturer from January 2019 through approximately February 2025, according to court documents.
Sandy oversaw bookkeeping for the company and communicated directly with customers seeking to purchase the substances for misuse as a drug, prosecutors said. The products — bearing names such as “Love Potion” and “Pumpkin Spice Latte” — were shipped with labels identifying them as “tape cleaner,” a misrepresentation intended to mislead the Food and Drug Administration and the Consumer Product Safety Commission about their true purpose, Sandy admitted.
Court documents also show that Sandy facilitated the sale of hundreds of bottles of the substance to an individual with the understanding that they would be distributed as a drug at a “sexy singles party.”
Volatile alkyl nitrites can cause serious health consequences when inhaled or ingested, including irregular heartbeat, vision loss and death, according to prosecutors.
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. Each count carries a statutory maximum sentence of five years in prison. A sentencing date has not been set, and a federal district court judge will determine the final sentence after weighing U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General A. Tysen Duva said the case reflects the department’s commitment to prosecuting those involved in distributing dangerous, misbranded substances, particularly when false and misleading labeling is used. Acting Special Agent in Charge Robert Iwanicki of the FDA Office of Criminal Investigations said the agency remains committed to holding accountable those who distribute falsely labeled products that endanger public health. Acting CPSC Chairman Peter A. Feldman said the agency will continue working with federal law enforcement partners to identify violations and shut down criminal operations.
The FDA Office of Criminal Investigations is investigating the case. Trial Attorney Max J. Goldman of the Criminal Division’s Fraud Section is prosecuting it.
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