PolicyBrief
S. 589
119th CongressFeb 13th 2025
SAD Act
IN COMMITTEE

The Stop Antiabortion Disinformation (SAD) Act aims to prevent deceptive advertising related to reproductive health services, particularly by organizations that mislead individuals about abortion and contraception access.

Elizabeth Warren
D

Elizabeth Warren

Senator

MA

LEGISLATION

SAD Act Aims to Fine Crisis Pregnancy Centers Up to $100K+ for Deceptive Advertising: FTC Gets New Enforcement Powers

The Stop Antiabortion Disinformation (SAD) Act is taking direct aim at deceptive advertising practices by organizations, specifically crisis pregnancy centers (CPCs). Introduced after the Dobbs decision overturned Roe v. Wade, this bill focuses on ensuring people get accurate information when seeking reproductive healthcare. The SAD Act flat-out prohibits any advertising that misrepresents the provision of abortions or contraception, or falsely suggests a facility has licensed medical personnel when it doesn't (SEC. 3). This means no more misleading ads that make a place look like a comprehensive clinic when it's actually an anti-abortion center.

Cracking Down on False Advertising

This bill isn't playing around. It gives the Federal Trade Commission (FTC) the power to create and enforce regulations against this kind of disinformation, treating violations as "unfair or deceptive acts" (SEC. 3). Think of it like this: if a used car salesman lies about a car's history, the FTC can step in. The SAD Act extends a similar principle to reproductive health advertising. The FTC can bring civil actions in court, seeking injunctions (basically, orders to stop the ads), civil penalties, damages, and even restitution for those affected (SEC. 3). These penalties are significant – up to $100,000 or 50% of the parent organization's revenue from the previous year, whichever is greater (SEC. 3). That's a serious financial hit designed to deter deceptive practices.

Real-World Impact: Protecting Access and Information

The SAD Act directly addresses the rise of CPCs, which often outnumber abortion clinics and, according to the bill's findings, frequently use deceptive tactics to dissuade people from seeking abortions (SEC. 2). For example, imagine a college student in a state where abortion is restricted, searching online for reproductive health services. They find a nearby clinic with ads promising comprehensive care. Under the SAD Act, if that clinic is actually a CPC misrepresenting its services, the FTC can take action. This is especially critical in under-resourced neighborhoods and communities of color, where CPCs often cluster, potentially delaying access to time-sensitive care (SEC. 2). The findings section of the bill makes it clear that these deceptive practices can have harmful consequences and that they disproportionately affect low-income women and women of color. The bill is designed to ensure that people have access to honest, accurate, and timely information when they are making decisions about their reproductive health.

Keeping the FTC Accountable

To ensure transparency, the SAD Act requires the FTC to report to Congress every two years on its enforcement actions, outcomes, and any new regulations related to the Act (SEC. 3). This reporting requirement, starting one year after the Act's passage, provides a mechanism for oversight and accountability. It's like a regular check-up to see how effectively the law is being implemented and whether it's achieving its intended goals.