United States 115th Congress Status: In Committee 1 R cosponsors

S 2842 — Opioid Addiction Recovery Fraud Prevention Act of 2018

Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 490.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

143 added · 8 removed

Plain-language change summary

The amendment removes the short title and definitions for "opioid treatment product," "opioid treatment program," and "opioid use disorder" from the bill. This change likely streamlines the text by eliminating certain sections that define terms, which may simplify the document but removes specific context for understanding the terms related to opioid treatment.

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2842 Introduced in Senate (IS)] <DOC> 115th CONGRESS 2d Session S.
2842 Reported in Senate (RS)] <DOC> Calendar No.
2842 To prohibit the marketing of bogus opioid treatment programs or products.
490 115th CONGRESS 2d Session S.
2842 [Report No.
115-285] To prohibit the marketing of bogus opioid treatment programs or products.
Capito (for herself and Ms.
Capito (for herself, Ms.
Cortez Masto) introduced the following bill;
Cortez Masto, Mr.
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.
Sullivan, Mr.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
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.
(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.
(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.
<all>
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
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Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on Commerce, Science, and Transportation.

  3. Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.

  4. Committee on Commerce, Science, and Transportation. Reported by Senator Thune with an amendment in the nature of a substitute. With written report No. 115-285.

  5. Committee on Commerce, Science, and Transportation. Reported by Senator Thune with an amendment in the nature of a substitute. With written report No. 115-285.

  6. Placed on Senate Legislative Calendar under General Orders. Calendar No. 490.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

Show all 546 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors S 2842?
S 2842 is sponsored by Capito, Shelley Moore (Republican).
What is the current status of S 2842?
This bill died with 115th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 2842?
Track S 2842 free on One Click Politics — get push/email alerts when it moves.

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