PolicyBrief
H.R. 846
119th CongressJan 31st 2025
SAD Act
IN COMMITTEE

The Stop Antiabortion Disinformation (SAD) Act empowers the Federal Trade Commission to prohibit and penalize deceptive advertising by crisis pregnancy centers that mislead individuals seeking reproductive health care.

Suzanne Bonamici
D

Suzanne Bonamici

Representative

OR-1

LEGISLATION

SAD Act Targets Deceptive Pregnancy Center Ads: FTC to Impose Fines Up to 50% of Revenue for Misleading Claims.

The Stop Antiabortion Disinformation Act (SAD Act) aims to crack down on organizations that use bait-and-switch tactics to attract people seeking reproductive healthcare. Specifically, the bill targets 'crisis pregnancy centers' (CPCs) that present themselves as full-service medical clinics but actually exist to discourage abortion. Under Section 3, the bill makes it illegal for any person or organization to engage in deceptive advertising about the services they offer, such as falsely claiming they provide birth control or abortion services, or pretending to have licensed medical staff on site when they don't. This isn't just about a slap on the wrist; the bill grants the Federal Trade Commission (FTC) the power to treat these ads as unfair or deceptive practices, similar to how they handle corporate fraud.

The Truth in Advertising Push

For someone in a high-stress moment—like a student in a rural town or a parent juggling two jobs—finding clear medical info is already a hurdle. The bill points out that since the Dobbs decision, travel times to legitimate clinics have quadrupled for many, making every minute and every dollar count. If a person drives two hours to a center thinking they’re getting a medical consultation only to find out the facility doesn't offer the services advertised, they’ve lost time and money they can’t get back. By prohibiting deceptive claims about medical personnel or available procedures under Section 3, the bill tries to ensure that when you search for 'healthcare,' you’re actually getting healthcare professionals rather than a lecture.

Heavy Fines and FTC Muscle

The enforcement side of this bill is where things get serious. Section 3 gives the FTC the green light to go after nonprofits, which usually sit outside their jurisdiction. If a center is found to be lying in its ads, it could face a civil penalty of $100,000 or—and here is the kicker—up to 50 percent of its parent organization's total revenue from the previous year. For a small local nonprofit, that’s a massive financial hit. The FTC can also file lawsuits to recover damages or restitution, meaning if a person spent money on travel or childcare based on a false ad, the government could theoretically try to get that money back for them.

Potential for Policy Overreach

While the goal is protecting consumers, the bill’s broad language creates some real-world questions. The definition of 'abortion services' in Section 3 includes anything 'provided in conjunction with' an abortion, which is pretty wide-reaching. Because the term 'deceptive advertising' can be subjective, there’s a risk that the FTC could end up in a gray area, potentially targeting organizations for their mission rather than just their marketing. For nonprofits and small community centers, the threat of losing half their annual revenue over a disputed ad might lead to 'defensive' operations, where they stop providing even basic support services out of fear of a massive federal fine. The bill requires the FTC to report back to Congress every two years, which will be the main way we see if these powers are being used to stop genuine fraud or if they're being applied too broadly.