S.Amdt. 1252

Mr. Durbin submitted amendment SA 1252 to the bill S. 331, which deals with the Controlled Substances Act and fentanyl-related substances. Common sense tells us that when online platforms act carelessly or dangerously with deadly drugs, they need to be held accountable by the people they harm.

What the Amendment Changes and Adds

This amendment adds a new section to the bill called the Federal Tort for Fentanyl Trafficking via Social Media. It holds interactive computer service providers legally responsible if an individual suffers bodily harm because the provider intentionally, knowingly, or recklessly promoted a covered substance or facilitated the sale of a covered substance.

• Covered substances include fentanyl and fentanyl-related substances.
• Individuals who suffer bodily harm can bring a civil action against the provider in a United States district court or a State court.
• Victims can sue for actual damages, punitive damages, and attorney fees and costs.

This rule takes effect 180 days after the date of enactment and does not apply to any use of an interactive computer service that happened before that effective date.