The "Stop Antiabortion Disinformation Act" or "SAD Act" aims to prevent deceptive advertising of reproductive health services, particularly regarding abortion, and empowers the FTC to enforce regulations against misinformation with significant penalties for violations.
Suzanne Bonamici
Representative
OR-1
The "Stop Antiabortion Disinformation Act" or the "SAD Act" aims to prevent deceptive advertising related to reproductive health services, particularly concerning contraception, abortion services, or the employment of licensed medical personnel. It empowers the Federal Trade Commission (FTC) to enforce these prohibitions, treat violations as FTC Act violations, and pursue civil actions against violators, including imposing significant civil penalties. The FTC is required to report to Congress on its enforcement activities under this act.
SAD Act Targets Misleading Abortion Ads: FTC Gets Power to Fine Violators Up to $100K or Half of Annual Revenue
The Stop Antiabortion Disinformation Act (SAD Act) is straightforward: it bans deceptive advertising about abortion services. Specifically, the bill, introduced in the wake of the Dobbs decision that overturned Roe v. Wade, prohibits any advertising that misrepresents whether a provider offers abortions, contraception, or employs licensed medical staff (SEC. 3). This comes as Crisis Pregnancy Centers (CPCs), which often present themselves as comprehensive reproductive health clinics but do not offer abortion services, outnumber actual abortion clinics 3 to 1 across the country. The Federal Trade Commission (FTC) is tasked with enforcing this ban, with the power to level hefty fines.
Cracking Down on Deceptive Practices
The SAD Act gives the FTC significant enforcement teeth. The Commission can treat violations as unfair or deceptive practices under the Federal Trade Commission Act, meaning they can go after any organization, including non-profits, that breaks the rules (SEC. 3). Penalties can be steep: up to $100,000 or 50% of the parent entity's revenue from the previous 12 months, whichever is greater. The FTC can also take violators to court to seek injunctions, damages, and restitution for those harmed by the deceptive advertising (SEC. 3). The FTC is required to report to Congress every two years on its enforcement actions, starting one year after the law's enactment (SEC. 3).
Real-World Impacts and Potential Challenges
For someone seeking reproductive healthcare, this bill means that they should be able to trust that advertised services are actually offered. For example, if a center advertises abortion services, it must actually provide those services or face FTC action. This is particularly crucial in states where abortion access is already severely limited, as highlighted in the bill's findings (SEC. 2), and where travel times to legitimate clinics have skyrocketed. The bill's findings also note that the increased burden of seeking care, such as taking time off work and arranging childcare, disproportionately impacts low-income individuals and people of color (SEC. 2).
However, the bill's broad prohibition on "disinformation" could face challenges. What exactly constitutes "deceptive advertising" will likely be subject to interpretation and potential legal battles. While the intent is to protect consumers, the practical application of this law could be complex, particularly in determining the line between expressing a viewpoint on abortion and actively misrepresenting services offered. The FTC's rulemaking process will be critical in defining these boundaries, and that process itself could become a focal point for debate.