[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2842 Introduced in Senate (IS)]
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115th CONGRESS
2d Session
S. 2842
To prohibit the marketing of bogus opioid treatment programs or
products.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 15, 2018
Mrs. Capito (for herself and Ms. Cortez Masto) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To prohibit the marketing of bogus opioid treatment programs or
products.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Opioid Addiction Recovery Fraud
Prevention Act of 2018''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Opioid treatment product.--The term ``opioid treatment
product'' means a product, including any supplement or
medication, for use or marketed for use in the treatment, cure,
or prevention of an opioid use disorder.
(2) Opioid treatment program.--The term ``opioid treatment
program'' means a program that provides treatment for people
diagnosed with, having, or purporting to have an opioid use
disorder.
(3) Opioid treatment disorder.--The term ``opioid use
disorder'' means a cluster of cognitive, behavioral, or
physiological symptoms in which the individual continues use of
opioids despite significant opioid-induced problems, such as
adverse health effects.
SEC. 3. FALSE OR MISLEADING REPRESENTATIONS WITH RESPECT TO OPIOID
TREATMENT PROGRAMS AND PRODUCTS.
(a) Unlawful Activity.--It is unlawful to make any deceptive
representation with respect to the cost, price, efficacy, performance,
benefit, risk, or safety of any opioid treatment program or opioid
treatment product.
(b) Enforcement by the Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) shall be treated as a violation of a rule under
section 18 of the Federal Trade Commission Act (15 U.S.C. 57a)
regarding unfair or deceptive acts or practices.
(2) Powers of the federal trade commission.--
(A) In general.--The Federal Trade Commission shall
enforce this section in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of
the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this section.
(B) Privileges and immunities.--Any person who
violates subsection (a) shall be subject to the
penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act as though
all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were
incorporated and made part of this section.
(C) Authority preserved.--Nothing in this section
shall be construed to limit the authority of the
Federal Trade Commission under any other provision of
law.
(c) Enforcement by States.--
(1) In general.--Except as provided in paragraph (4), in
any case in which the attorney general of a State has reason to
believe that an interest of the residents of the State has been
or is threatened or adversely affected by any person who
violates subsection (a), the attorney general of the State, as
parens patriae, may bring a civil action on behalf of the
residents of the State in an appropriate district court of the
United States to obtain appropriate relief.
(2) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Federal Trade Commission in
writing that the attorney general intends to
bring a civil action under paragraph (1) before
initiating the civil action.
(ii) Contents.--The notification required
by clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required by clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the Federal
Trade Commission immediately upon instituting
the civil action.
(B) Intervention by federal trade commission.--The
Federal Trade Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal.
(3) Investigatory powers.--Nothing in this subsection shall
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to conduct investigations, to administer
oaths or affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(4) Preemptive action by federal trade commission.--If the
Federal Trade Commission or the Attorney General on behalf of
the Commission institutes a civil action, or the Federal Trade
Commission institutes an administrative action, with respect to
a violation of subsection (a), the attorney general of a State
may not, during the pendency of that action, bring a civil
action under paragraph (1) against any defendant or respondent
named in the complaint of the Commission for the violation with
respect to which the Commission instituted such action.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in any district court of the United
States that meets applicable requirements relating to
venue under section 1391 of title 28, United States
Code.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(6) Actions by other state officials.--In addition to civil
actions brought by attorneys general under paragraph (1), any
other consumer protection officer of a State who is authorized
by the State to do so may bring a civil action under paragraph
(1), subject to the same requirements and limitations that
apply under this subsection to civil actions brought by
attorneys general.
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