1. Short title This Act may be cited as the Opioid Crisis Accountability Act of 2018 . 2. Prohibition of illegal marketing and distribution practices with respect to opioids (a) In general Section 303 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 333 ) is amended by adding at the end the following: (h) (1) In this subsection, the term illegal marketing or distribution practice with respect to an opioid means— (A) including in any advertisement, promotion, direct-to-consumer marketing materials, or other marketing material a representation that an opioid has no addiction-forming or addiction-sustaining liability or has less of an addiction-forming or addiction-sustaining liability than one or more other opioids, knowing the representation to be false, as determined by the Secretary, in consultation with the Commissioner, based on research, testimonials, and other evidence; (B) supplying States or communities with a quantity of opioids that is not medically reasonable, as determined by the Secretary, in consultation with the Attorney General using, if applicable, data from the Automated Reports and Consolidated Ordering System of the Department of Justice; or (C) failing to report to the Secretary any order or pattern of orders for the distribution of opioids that would cause a reasonable person to believe the opioids were not being dispensed in a medically reasonable manner. (2) It shall be unlawful for any person who manufactures or distributes an opioid to engage in an illegal marketing or distribution practice with respect to an opioid. (3) (A) Any person who violates paragraph (2)— (i) if a natural person employed by an opioid manufacturer or distributor, shall be— (I) subject to a civil penalty in an amount equal to the sum of— (aa) such person’s full amount of salary for each year during which such person engaged in illegal marketing or distribution practices with respect to an opioid product