; and (B) is undertaken in conjunction with the sponsor's actions to reduce or eliminate demand for the original formulation of the drug or biological product. 4. Penalty with respect to opioids developed using Federal funding If a drug manufacturer or distributor violates subsection (h)(2) of section 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333 ) (as added by section 2) with respect to an opioid that was developed with the support of Federal funding, in addition to the applicable penalties under such subsection (h), such manufacturer or distributor shall be subject to a civil penalty in an amount equal to the sum of— (1) such Federal funding, regardless of whether the Federal funding was received by the manufacturer or distributor or another entity