II 

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. 

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 ‘‘Opioid Addiction Re5 covery Fraud Prevention Act of 2018’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) OPIOID TREATMENT PRODUCT.—The term 

9 ‘‘opioid treatment product’’ means a product, includ10 ing any supplement or medication, for use or marVerDate Sep 11 2014 22:22 May 22, 2018 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2842.IS S2842

pbinns on DSK79D2C42PROD with BILLS
2 

•S 2842 IS

1 keted for use in the treatment, cure, or prevention 

2 of an opioid use disorder. 

3 (2) OPIOID TREATMENT PROGRAM.—The term 

4 ‘‘opioid treatment program’’ means a program that 

5 provides treatment for people diagnosed with, hav6 ing, or purporting to have an opioid use disorder. 

7 (3) OPIOID TREATMENT DISORDER.—The term 

8 ‘‘opioid use disorder’’ means a cluster of cognitive, 

9 behavioral, or physiological symptoms in which the 

10 individual continues use of opioids despite significant 

11 opioid-induced problems, such as adverse health ef12 fects. 

13 SEC. 3. FALSE OR MISLEADING REPRESENTATIONS WITH 

14 RESPECT TO OPIOID TREATMENT PROGRAMS 

15 AND PRODUCTS. 

16 (a) UNLAWFUL ACTIVITY.—It is unlawful to make 

17 any deceptive representation with respect to the cost, 

18 price, efficacy, performance, benefit, risk, or safety of any 

19 opioid treatment program or opioid treatment product. 

20 (b) ENFORCEMENT BY THE FEDERAL TRADE COM21 MISSION.— 

22 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC23 TICES.—A violation of subsection (a) shall be treated 

24 as a violation of a rule under section 18 of the FedVerDate Sep 11 2014 22:22 May 22, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2842.IS S2842

pbinns on DSK79D2C42PROD with BILLS
3 

•S 2842 IS

1 eral Trade Commission Act (15 U.S.C. 57a) regard2 ing unfair or deceptive acts or practices. 

3 (2) POWERS OF THE FEDERAL TRADE COMMIS4 SION.— 

5 (A) IN GENERAL.—The Federal Trade 

6 Commission shall enforce this section in the 

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

8 same jurisdiction, powers, and duties as though 

9 all applicable terms and provisions of the Fed10 eral Trade Commission Act (15 U.S.C. 41 et 

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

12 this section. 

13 (B) PRIVILEGES AND IMMUNITIES.—Any 

14 person who violates subsection (a) shall be sub15 ject to the penalties and entitled to the privi16 leges and immunities provided in the Federal 

17 Trade Commission Act as though all applicable 

18 terms and provisions of the Federal Trade 

19 Commission Act (15 U.S.C. 41 et seq.) were in20 corporated and made part of this section. 

21 (C) AUTHORITY PRESERVED.—Nothing in 

22 this section shall be construed to limit the au23 thority of the Federal Trade Commission under 

24 any other provision of law. 

25 (c) ENFORCEMENT BY STATES.— 


pbinns on DSK79D2C42PROD with BILLS
4 

•S 2842 IS

1 (1) IN GENERAL.—Except as provided in para2 graph (4), in any case in which the attorney general 

3 of a State has reason to believe that an interest of 

4 the residents of the State has been or is threatened 

5 or adversely affected by any person who violates sub6 section (a), the attorney general of the State, as 

7 parens patriae, may bring a civil action on behalf of 

8 the residents of the State in an appropriate district 

9 court of the United States to obtain appropriate re10 lief. 

11 (2) RIGHTS OF FEDERAL TRADE COMMIS12 SION.— 

13 (A) NOTICE TO FEDERAL TRADE COMMIS14 SION.— 

15 (i) IN GENERAL.—Except as provided 

16 in clause (iii), the attorney general of a 

17 State shall notify the Federal Trade Com18 mission in writing that the attorney gen19 eral intends to bring a civil action under 

20 paragraph (1) before initiating the civil ac21 tion. 

22 (ii) CONTENTS.—The notification re23 quired by clause (i) with respect to a civil 

24 action shall include a copy of the complaint 

25 to be filed to initiate the civil action. 


pbinns on DSK79D2C42PROD with BILLS
5 

•S 2842 IS

1 (iii) EXCEPTION.—If it is not feasible 

2 for the attorney general of a State to pro3 vide the notification required by clause (i) 

4 before initiating a civil action under para5 graph (1), the attorney general shall notify 

6 the Federal Trade Commission imme7 diately upon instituting the civil action. 

8 (B) INTERVENTION BY FEDERAL TRADE

9 COMMISSION.—The Federal Trade Commission 

10 may— 

11 (i) intervene in any civil action 

12 brought by the attorney general of a State 

13 under paragraph (1); and 

14 (ii) upon intervening— 

15 (I) be heard on all matters aris16 ing in the civil action; and 

17 (II) file petitions for appeal. 

18 (3) INVESTIGATORY POWERS.—Nothing in this 

19 subsection shall be construed to prevent the attorney 

20 general of a State from exercising the powers con21 ferred on the attorney general by the laws of the 

22 State to conduct investigations, to administer oaths 

23 or affirmations, or to compel the attendance of wit24 nesses or the production of documentary or other 

25 evidence. 


pbinns on DSK79D2C42PROD with BILLS
6 

•S 2842 IS

1 (4) PREEMPTIVE ACTION BY FEDERAL TRADE

2 COMMISSION.—If the Federal Trade Commission or 

3 the Attorney General on behalf of the Commission 

4 institutes a civil action, or the Federal Trade Com5 mission institutes an administrative action, with re6 spect to a violation of subsection (a), the attorney 

7 general of a State may not, during the pendency of 

8 that action, bring a civil action under paragraph (1) 

9 against any defendant or respondent named in the 

10 complaint of the Commission for the violation with 

11 respect to which the Commission instituted such ac12 tion. 

13 (5) VENUE; SERVICE OF PROCESS.— 

14 (A) VENUE.—Any action brought under 

15 paragraph (1) may be brought in any district 

16 court of the United States that meets applicable 

17 requirements relating to venue under section 

18 1391 of title 28, United States Code. 

19 (B) SERVICE OF PROCESS.—In an action 

20 brought under paragraph (1), process may be 

21 served in any district in which the defendant— 

22 (i) is an inhabitant; or 

23 (ii) may be found. 

24 (6) ACTIONS BY OTHER STATE OFFICIALS.—In 

25 addition to civil actions brought by attorneys general 


pbinns on DSK79D2C42PROD with BILLS
7 

•S 2842 IS

1 under paragraph (1), any other consumer protection 

2 officer of a State who is authorized by the State to 

3 do so may bring a civil action under paragraph (1), 

4 subject to the same requirements and limitations 

5 that apply under this subsection to civil actions 

6 brought by attorneys general. 

Æ 


pbinns on DSK79D2C42PROD with BILLS