II 

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. 

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’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) OPIOID TREATMENT PRODUCT.—The term 

4 ‘‘opioid treatment product’’ means a product, includ5 ing any supplement or medication, for use or mar6 keted for use in the treatment, cure, or prevention 

7 of an opioid use disorder. 

8 (2) OPIOID TREATMENT PROGRAM.—The term 

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

10 provides treatment for people diagnosed with, hav11 ing, or purporting to have an opioid use disorder. 

12 (3) OPIOID TREATMENT DISORDER.—The term 

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

14 behavioral, or physiological symptoms in which the 

15 individual continues use of opioids despite significant 

16 opioid-induced problems, such as adverse health ef17 fects. 

18 SEC. 3. FALSE OR MISLEADING REPRESENTATIONS WITH 

19 RESPECT TO OPIOID TREATMENT PROGRAMS 

20 AND PRODUCTS. 

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

22 any deceptive representation with respect to the cost, 

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

24 opioid treatment program or opioid treatment product. 

25 (b) ENFORCEMENT BY THE FEDERAL TRADE COM26 MISSION.— 


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1 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC2 TICES.—A violation of subsection (a) shall be treated 

3 as a violation of a rule under section 18 of the Fed4 eral Trade Commission Act (15 U.S.C. 57a) regard5 ing unfair or deceptive acts or practices. 

6 (2) POWERS OF THE FEDERAL TRADE COMMIS7 SION.— 

8 (A) IN GENERAL.—The Federal Trade 

9 Commission shall enforce this section in the 

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

11 same jurisdiction, powers, and duties as though 

12 all applicable terms and provisions of the Fed13 eral Trade Commission Act (15 U.S.C. 41 et 

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

15 this section. 

16 (B) PRIVILEGES AND IMMUNITIES.—Any 

17 person who violates subsection (a) shall be sub18 ject to the penalties and entitled to the privi19 leges and immunities provided in the Federal 

20 Trade Commission Act as though all applicable 

21 terms and provisions of the Federal Trade 

22 Commission Act (15 U.S.C. 41 et seq.) were in23 corporated and made part of this section. 

24 (C) AUTHORITY PRESERVED.—Nothing in 

25 this section shall be construed to limit the auVerDate Sep 11 2014 22:32 Jun 27, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S2842.RS S2842

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1 thority of the Federal Trade Commission under 

2 any other provision of law. 

3 (c) ENFORCEMENT BY STATES.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (4), in any case in which the attorney general 

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

7 the residents of the State has been or is threatened 

8 or adversely affected by any person who violates sub9 section (a), the attorney general of the State, as 

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

11 the residents of the State in an appropriate district 

12 court of the United States to obtain appropriate re13 lief. 

14 (2) RIGHTS OF FEDERAL TRADE COMMIS15 SION.— 

16 (A) NOTICE TO FEDERAL TRADE COMMIS17 SION.— 

18 (i) IN GENERAL.—Except as provided 

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

20 State shall notify the Federal Trade Com21 mission in writing that the attorney gen22 eral intends to bring a civil action under 

23 paragraph (1) before initiating the civil ac24 tion. 


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1 (ii) CONTENTS.—The notification re2 quired by clause (i) with respect to a civil 

3 action shall include a copy of the complaint 

4 to be filed to initiate the civil action. 

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

6 for the attorney general of a State to pro7 vide the notification required by clause (i) 

8 before initiating a civil action under para9 graph (1), the attorney general shall notify 

10 the Federal Trade Commission imme11 diately upon instituting the civil action. 

12 (B) INTERVENTION BY FEDERAL TRADE

13 COMMISSION.—The Federal Trade Commission 

14 may— 

15 (i) intervene in any civil action 

16 brought by the attorney general of a State 

17 under paragraph (1); and 

18 (ii) upon intervening— 

19 (I) be heard on all matters aris20 ing in the civil action; and 

21 (II) file petitions for appeal. 

22 (3) INVESTIGATORY POWERS.—Nothing in this 

23 subsection shall be construed to prevent the attorney 

24 general of a State from exercising the powers con25 ferred on the attorney general by the laws of the 


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1 State to conduct investigations, to administer oaths 

2 or affirmations, or to compel the attendance of wit3 nesses or the production of documentary or other 

4 evidence. 

5 (4) PREEMPTIVE ACTION BY FEDERAL TRADE

6 COMMISSION.—If the Federal Trade Commission or 

7 the Attorney General on behalf of the Commission 

8 institutes a civil action, or the Federal Trade Com9 mission institutes an administrative action, with re10 spect to a violation of subsection (a), the attorney 

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

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

13 against any defendant or respondent named in the 

14 complaint of the Commission for the violation with 

15 respect to which the Commission instituted such ac16 tion. 

17 (5) VENUE; SERVICE OF PROCESS.— 

18 (A) VENUE.—Any action brought under 

19 paragraph (1) may be brought in any district 

20 court of the United States that meets applicable 

21 requirements relating to venue under section 

22 1391 of title 28, United States Code. 

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

24 brought under paragraph (1), process may be 

25 served in any district in which the defendant— 


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1 (i) is an inhabitant; or 

2 (ii) may be found. 

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

4 addition to civil actions brought by attorneys general 

5 under paragraph (1), any other consumer protection 

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

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

8 subject to the same requirements and limitations 

9 that apply under this subsection to civil actions 

10 brought by attorneys general. 

11 SECTION 1. SHORT TITLE. 

12 This Act may be cited as the ‘‘Opioid Addiction Recov13 ery Fraud Prevention Act of 2018’’. 

14 SEC. 2. DEFINITIONS. 

15 In this Act: 

16 (1) OPIOID TREATMENT PRODUCT.—The term 

17 ‘‘opioid treatment product’’ means a product, includ18 ing any supplement or medication, for use or mar19 keted for use in the treatment, cure, or prevention of 

20 an opioid use disorder. 

21 (2) OPIOID TREATMENT PROGRAM.—The term 

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

23 provides treatment for people diagnosed with, having, 

24 or purporting to have an opioid use disorder. 


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1 (3) OPIOID USE DISORDER.—The term ‘‘opioid 

2 use disorder’’ means a cluster of cognitive, behavioral, 

3 or physiological symptoms in which the individual 

4 continues use of opioids despite significant opioid-in5 duced problems, such as adverse health effects. 

6 SEC. 3. FALSE OR MISLEADING REPRESENTATIONS WITH 

7 RESPECT TO OPIOID TREATMENT PROGRAMS 

8 AND PRODUCTS. 

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

10 deceptive representation with respect to the cost, price, effi11 cacy, performance, benefit, risk, or safety of any opioid 

12 treatment program or opioid treatment product. 

13 (b) ENFORCEMENT BY THE FEDERAL TRADE COMMIS14 SION.— 

15 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC16 TICES.—A violation of subsection (a) shall be treated 

17 as a violation of a rule under section 18 of the Fed18 eral Trade Commission Act (15 U.S.C. 57a) regard19 ing unfair or deceptive acts or practices. 

20 (2) POWERS OF THE FEDERAL TRADE COMMIS21 SION.— 

22 (A) IN GENERAL.—The Federal Trade Com23 mission shall enforce this section in the same 

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

25 jurisdiction, powers, and duties as though all apVerDate Sep 11 2014 22:32 Jun 27, 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S2842.RS S2842

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1 plicable terms and provisions of the Federal 

2 Trade Commission Act (15 U.S.C. 41 et seq.) 

3 were incorporated into and made a part of this 

4 section. 

5 (B) PRIVILEGES AND IMMUNITIES.—Any 

6 person who violates subsection (a) shall be sub7 ject to the penalties and entitled to the privileges 

8 and immunities provided in the Federal Trade 

9 Commission Act as though all applicable terms 

10 and provisions of the Federal Trade Commission 

11 Act (15 U.S.C. 41 et seq.) were incorporated and 

12 made part of this section. 

13 (C) AUTHORITY PRESERVED.—Nothing in 

14 this section shall be construed to limit the au15 thority of the Federal Trade Commission under 

16 any other provision of law. 

17 (c) ENFORCEMENT BY STATES.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (4), in any case in which the attorney general 

20 of a State has reason to believe that an interest of the 

21 residents of the State has been or is threatened or ad22 versely affected by any person who violates subsection 

23 (a), the attorney general of the State, as parens 

24 patriae, may bring a civil action on behalf of the resiVerDate Sep 11 2014 22:32 Jun 27, 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S2842.RS S2842

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1 dents of the State in an appropriate district court of 

2 the United States to obtain appropriate relief. 

3 (2) RIGHTS OF FEDERAL TRADE COMMISSION.— 

4 (A) NOTICE TO FEDERAL TRADE COMMIS5 SION.— 

6 (i) IN GENERAL.—Except as provided 

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

8 State shall notify the Federal Trade Com9 mission in writing that the attorney general 

10 intends to bring a civil action under para11 graph (1) before initiating the civil action. 

12 (ii) CONTENTS.—The notification re13 quired by clause (i) with respect to a civil 

14 action shall include a copy of the complaint 

15 to be filed to initiate the civil action. 

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

17 for the attorney general of a State to pro18 vide the notification required by clause (i) 

19 before initiating a civil action under para20 graph (1), the attorney general shall notify 

21 the Federal Trade Commission immediately 

22 upon instituting the civil action. 

23 (B) INTERVENTION BY FEDERAL TRADE

24 COMMISSION.—The Federal Trade Commission 

25 may— 


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1 (i) intervene in any civil action 

2 brought by the attorney general of a State 

3 under paragraph (1); and 

4 (ii) upon intervening— 

5 (I) be heard on all matters arising 

6 in the civil action; and 

7 (II) file petitions for appeal. 

8 (3) INVESTIGATORY POWERS.—Nothing in this 

9 subsection shall be construed to prevent the attorney 

10 general of a State from exercising the powers con11 ferred on the attorney general by the laws of the State 

12 to conduct investigations, to administer oaths or affir13 mations, or to compel the attendance of witnesses or 

14 the production of documentary or other evidence. 

15 (4) PREEMPTIVE ACTION BY FEDERAL TRADE

16 COMMISSION.—If the Federal Trade Commission or 

17 the Attorney General on behalf of the Commission in18 stitutes a civil action, or the Federal Trade Commis19 sion institutes an administrative action, with respect 

20 to a violation of subsection (a), the attorney general 

21 of a State may not, during the pendency of that ac22 tion, bring a civil action under paragraph (1) 

23 against any defendant or respondent named in the 

24 complaint of the Commission for the violation with 


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1 respect to which the Commission instituted such ac2 tion. 

3 (5) VENUE; SERVICE OF PROCESS.— 

4 (A) VENUE.—Any action brought under 

5 paragraph (1) may be brought in any district 

6 court of the United States that meets applicable 

7 requirements relating to venue under section 

8 1391 of title 28, United States Code. 

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

10 brought under paragraph (1), process may be 

11 served in any district in which the defendant— 

12 (i) is an inhabitant; or 

13 (ii) may be found. 

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

15 addition to civil actions brought by attorneys general 

16 under paragraph (1), any other consumer protection 

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

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

19 subject to the same requirements and limitations that 

20 apply under this subsection to civil actions brought 

21 by attorneys general. 


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amozie on DSK3GDR082PROD with BILLS
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 


amozie on DSK3GDR082PROD with BILLS