II 

116TH CONGRESS 

2D SESSION S. 5075 

To prohibit deceptive acts or practices in connection with public health 

emergencies resulting from COVID–19. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 20, 2020 

Ms. CANTWELL (for herself and Mr. WICKER) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To prohibit deceptive acts or practices in connection with 

public health emergencies resulting from COVID–19. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘COVID–19 Consumer 

5 Protection Act’’. 

6 SEC. 2. PROHIBITING DECEPTIVE ACTS OR PRACTICES IN 

7 CONNECTION WITH THE NOVEL 

8 CORONAVIRUS. 

9 (a) IN GENERAL.—For the duration of a public 

10 health emergency declared pursuant to section 319 of the 


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•S 5075 IS

1 Public Health Service Act (42 U.S.C. 247d) as a result 

2 of confirmed cases of the 2019 novel coronavirus 

3 (COVID–19), including any renewal thereof, it shall be 

4 unlawful for any person, partnership, or corporation to en5 gage in a deceptive act or practice in or affecting com6 merce in violation of section 5(a) of the Federal Trade 

7 Commission Act (15 U.S.C. 45(a)) that is associated 

8 with— 

9 (1) the treatment, cure, prevention, mitigation, 

10 or diagnosis of COVID–19; or 

11 (2) a government benefit related to COVID–19. 

12 (b) ENFORCEMENT BY THE FEDERAL TRADE COM13 MISSION.— 

14 (1) VIOLATION.—A violation of subsection (a) 

15 shall be treated as a violation of a rule defining an 

16 unfair or deceptive act or practice prescribed under 

17 section 18(a)(1)(B) of the Federal Trade Commis18 sion Act (15 U.S.C. 57a(a)(1)(B)). 

19 (2) POWERS OF THE FEDERAL TRADE COMMIS20 SION.— 

21 (A) IN GENERAL.—The Federal Trade 

22 Commission shall enforce subsection (a) in the 

23 same manner, by the same means, and with the 

24 same jurisdiction, powers, and duties as though 

25 all applicable terms and provisions of the FedVerDate Sep 11 2014 00:07 Jan 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5075.IS S5075

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1 eral Trade Commission Act (15 U.S.C. 41 et 

2 seq.) were incorporated into and made a part of 

3 this section. 

4 (B) PRIVILEGES AND IMMUNITIES.—Any 

5 person who violates this section shall be subject 

6 to the penalties and entitled to the privileges 

7 and immunities provided in the Federal Trade 

8 Commission Act. 

9 (3) EFFECT ON OTHER LAWS.—Nothing in this 

10 section shall be construed to limit the authority of 

11 the Federal Trade Commission under any other pro12 vision of law. 

13 (c) SEVERABILITY.—If any provision of this section, 

14 or the application thereof to any person or circumstance, 

15 is held invalid, the remainder of this section and the appli16 cation of such provision to other persons not similarly situ17 ated or to other circumstances shall not be affected by 

18 the invalidation. 

Æ 


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