,,ii #aaeth ,,congress #b;d ,session ,s4 #bhdb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ae1 #bjah ,mrs4 ,capito 7for herself and ,ms4 ,cortez ,masto7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prohibit the marketing of bogus opioid treatment programs or products4 #a4 ,short title ,this ,act may be cited as the ,opioid ,addiction ,recovery ,fraud ,prevention ,act of #bjah4 #b4 ,definitions ,in this ,act3 7#a7 ,opioid treatment product ,the term opioid treatment product means a product1 including any supplement or medication1 for use or marketed for use in the treatment1 cure1 or prevention of an opioid use disorder4 7#b7 ,opioid treatment program ,the term opioid treatment program means a program that provides treatment for people diagnosed with1 having1 or purporting to have an opioid use disorder4 7#c7 ,opioid treatment disorder ,the term opioid use disorder means a cluster of cognitive1 behavioral1 or physiological symptoms in which the individual continues use of opioids despite significant opioid-induced problems1 such as adverse health effects4 #c4 ,false or misleading representations with respect to opioid treatment programs and products 7a7 ,unlawful activity ,it is unlawful to make any deceptive representation with respect to the cost1 price1 efficacy1 performance1 benefit1 risk1 or safety of any opioid treatment program or opioid treatment product4 7b7 ,enforcement by the ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of subsection 7a7 shall be treated as a violation of a rule under section #ah of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7 regarding unfair or deceptive acts or practices4 7#b7 ,powers of the ,federal ,trade ,commission 7,a7 ,in general ,the ,federal ,trade ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section4 7,b7 ,privileges and immunities ,any person who violates subsection 7a7 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 7#ae ,u4,s4,c4 #da et seq47 were incorporated and made part of this section4 7,c7 ,authority preserved ,nothing in this section shall be construed to limit the authority of the ,federal ,trade ,commission under any other provision of law4 7c7 ,enforcement by ,states 7#a7 ,in general ,except as provided in paragraph 7#d71 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 7a71 the attorney general of the ,state1 as parens patriae1 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 relief4 7#b7 ,rights of ,federal ,trade ,commission 7,a7 ,notice to ,federal ,trade ,commission 7i7 ,in general ,except as provided in clause 7iii71 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 7#a7 before initiating the civil action4 7ii7 ,contents ,the notification required by clause 7i7 with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action4 7iii7 ,exception ,if it is not feasible for the attorney general of a ,state to provide the notification required by clause 7i7 before initiating a civil action under paragraph 7#a71 the attorney general shall notify the ,federal ,trade ,commission immediately upon instituting the civil action4 7,b7 ,intervention by ,federal ,trade ,commission ,the ,federal ,trade ,commission may-- 7i7 intervene in any civil action brought by the attorney general of a ,state under paragraph 7#a72 and 7ii7 upon intervening-- 7,i7 be heard on all matters arising in the civil action2 and 7,,ii7 file petitions for appeal4 7#c7 ,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 investigations1 to administer oaths or affirmations1 or to compel the attendance of witnesses or the production of documentary or other evidence4 7#d7 ,preemptive action by ,federal ,trade ,commission ,if the ,federal ,trade ,commission or the ,attorney ,general on behalf of the ,commission institutes a civil action1 or the ,federal ,trade ,commission institutes an administrative action1 with respect to a violation of subsection 7a71 the attorney general of a ,state may not1 during the pendency of that action1 bring a civil action under paragraph 7#a7 against any defendant or respondent named in the complaint of the ,commission for the violation with respect to which the ,commission instituted such action4 7#e7 ,venue2 service of process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in any district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code4 7,b7 ,service of process ,in an action brought under paragraph 7#a71 process may be served in any district in which the defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 7#f7 ,actions by other ,state officials ,in addition to civil actions brought by attorneys general under paragraph 7#a71 any other consumer protection officer of a ,state who is authorized by the ,state to do so may bring a civil action under paragraph 7#a71 subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general4