AUSTIN, Texas (KWTX) — A Texas man pleaded guilty Thursday to selling volatile alkyl nitrites falsely labeled as cleaning products, admitting his role in an $8 million scheme that violated federal law, the Department of Justice reported.
Brett Sandy, 41, of Austin, worked for an Austin-based manufacturer from January 2019 until February 2025. He oversaw bookkeeping for the company and spoke with customers seeking to purchase the products.
The substances shipped from his employer had names such as “love potion” or “pumpkin spice latte” but were falsely labeled as “tape cleaner” to mislead the FDA and the Consumer Product Safety Commission about their intended purpose, court documents state. Sandy admitted the products were sold to be inhaled for recreational use.
Assistant Attorney General A. Tysen Duva of the Justice Department’s Criminal Division said the defendant helped sell more than $8 million of dangerous drugs misbranded as cleaning agents while concealing their true intended use.
“Volatile alkyl nitrites, or poppers, can cause serious and sometimes fatal health effects,” Duva said. “Thursday’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.”
Health risks and distribution
Volatile alkyl nitrites, known by their street name as “poppers,” are inhaled through the nose for recreational purposes. The Justice Department reported that misuse of the substances can cause serious health effects, including irregular heartbeat, vision loss and death.
Robert Iwanicki, acting special agent in charge of the FDA Office of Criminal Investigations Kansas City Field Office, said the guilty plea demonstrates the FDA’s commitment to holding accountable those who distribute falsely labeled products that endanger public health.
“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,” Iwanicki said.
Sandy admitted he sold hundreds of bottles from his company to someone who planned to distribute them as a drug at a “sexy singles party.” He agreed that while he worked for the company, it sold more than $8.4 million in the products.
Peter A. Feldman, acting chairman of the U.S. Consumer Product Safety Commission, said misrepresenting hazardous products to evade federal safety requirements is illegal.
Sentencing ahead
Sandy pleaded guilty to two counts of criminal conspiracy. He faces up to five years in prison for each count. A sentencing date has not been set.
Max J. Goldman, a trial attorney with the Criminal Division’s Fraud Section, is prosecuting the case.
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