[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2842 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 490
115th CONGRESS
  2d Session
                                S. 2842

                          [Report No. 115-285]

    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, Ms. Cortez Masto, Mr. Sullivan, Mr. Brown, 
and Mr. Nelson) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                             June 27, 2018

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Opioid Addiction Recovery 
Fraud Prevention Act of 2018''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. FALSE OR MISLEADING REPRESENTATIONS WITH RESPECT TO 
              OPIOID TREATMENT PROGRAMS AND PRODUCTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Enforcement by the Federal Trade Commission.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Powers of the federal trade commission.--
        </DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (c) Enforcement by States.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Rights of federal trade commission.--
        </DELETED>
                <DELETED>    (A) Notice to federal trade commission.--
                </DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (B) Intervention by federal trade 
                commission.--The Federal Trade Commission may--
                </DELETED>
                        <DELETED>    (i) intervene in any civil action 
                        brought by the attorney general of a State 
                        under paragraph (1); and</DELETED>
                        <DELETED>    (ii) upon intervening--</DELETED>
                                <DELETED>    (I) be heard on all 
                                matters arising in the civil action; 
                                and</DELETED>
                                <DELETED>    (II) file petitions for 
                                appeal.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Venue; service of process.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Service of process.--In an action 
                brought under paragraph (1), process may be served in 
                any district in which the defendant--</DELETED>
                        <DELETED>    (i) is an inhabitant; or</DELETED>
                        <DELETED>    (ii) may be found.</DELETED>
        <DELETED>    (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.</DELETED>

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 use 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.
                                                       Calendar No. 490

115th CONGRESS

  2d Session

                                S. 2842

                          [Report No. 115-285]

_______________________________________________________________________

                                 A BILL

    To prohibit the marketing of bogus opioid treatment programs or 
                               products.

_______________________________________________________________________

                             June 27, 2018

                       Reported with an amendment