Two members of Congress from California and Texas introduced a bill in late January that would make it illegal to sell tianeptine – otherwise known as “gas station heroin” – without a prescription.

The bipartisan bill introduced by Reps. Jimmy Panetta (D-Calif.) and August Pfluger (R-Texas) would add tianeptine and its analogues to Schedule III of the Controlled Substances Act (CSA). The bill is called the Scheduling Tianeptine and Analogues Now to Defend Against Emerging Opioids Act (STAND Against Emerging Opioids Act).

The Food and Drug Administration has not approved tianeptine as a drug in the U.S. and even says it doesn’t belong in dietary supplements, but Panetta and Pfluger noted tianeptine “is widely available at convenience stores, smoke shops and across the internet.”

FDA on Jan. 23 announced that a company selling tianeptine (Neptune Resources LLC) agreed to voluntarily recall all lots of three of its products. FDA sent a letter on Jan. 11, urging convenience stores, gas stations and other retailers to stop selling tianeptine products.

FDA revealed it continues to receive serious adverse event reports – including death, loss of consciousness and seizures – after consumers have used Neptune’s Fix products.

“As tianeptine is becoming more accessible at convenience stores and gas stations, it also is becoming more of a danger to our communities,” Panetta said in a Jan. 25 press release. “By scheduling tianeptine under the Controlled Substances Act, the bipartisan STAND Against Emerging Opioids Act will help prevent the prevalence and abuse of this unregulated drug. As the opioid crisis continues to evolve, the federal government needs to actively monitor these types of emerging drugs as threats to our public health and safety.”

Related:Tianeptine products voluntarily recalled following FDA letter to retailers

The lawmakers said nine states have banned tianeptine and cases of tianeptine exposure grew to at least 391 in 2023 from only four a decade earlier.

“Tianeptine, a potent opioid-like drug, poses alarming risks, and the ease of acquiring it — like candy — is a public health threat,” Pfluger said in the release. “I am proud to work with Congressman Jimmy Panetta on bipartisan legislation to place tianeptine under Schedule III — a crucial step to getting this addictive drug out of convenience stores and gas stations. Recognizing proactive state measures and prioritizing safety, we underscore our commitment to combat the opioid epidemic and protect our communities.”