An establishment that produces and provides the gas, oxygen, to consumers, also known as an oxygen bar, is illegal in Massachusetts.
According to the U.S. Food and Drug Administration (FDA), oxygen for administration to humans is a prescription drug and is therefore, a controlled substance in Massachusetts. Oxygen does not meet the FDA criteria to be sold as an over-the-counter-drug. All administration of oxygen to a human must be done in accordance with state and federal law. In brief, such oxygen must be manufactured by a registered manufacturer, properly labeled and administered only pursuant to the order or prescription of a practitioner and administered only by an individual authorized by the law to administer oxygen using only approved medical devices. Any manufacture, possession, dispensing or administration of oxygen that does not follow state and federal law is not legal.
In aromatherapy, aerial dispersion of essential oils occurs when the essential oil mixes with air from an air pump. The essential oil is discharged into the atmosphere in a fine mist of micro droplets. The ionized micro droplets can stay suspended in the air. This activity does not involve the use of the controlled substance, oxygen.
If you have any additional questions, please contact the Drug Control Program.