Sponsors (13)
The bill increases protections and accountability for people seeking reproductive care by targeting deceptive providers and expanding enforcement and transparency, but it also raises the risk of financial, legal, and chilling effects on nonprofit and faith-based clinics and could increase costs for taxpayers and reduce some local services.
People seeking reproductive care (women, transgender and gender nonconforming individuals) will be less likely to be misled and more likely to receive honest, accurate, and timely information about contraception and abortion services.
Consumers harmed by false claims about medical staffing or services can pursue legal remedies (injunctions, restitution, damages), increasing accountability for deceptive providers.
The FTC gets stronger rulemaking and penalty authority to deter deceptive practices, which can reduce the operation of fraudulent clinics and protect patients.
Nonprofit clinics and similar organizations face significant fines and legal exposure for alleged misrepresentations, risking closures or reduced services for communities that rely on them.
Broad definitions, civil penalties, and public labeling can create a chilling effect: organizations may limit outreach, counseling, or referral information to avoid liability.
Publicizing findings that label centers as deceptive could provoke legal disputes or First Amendment challenges from centers branded as deceptive, producing litigation and reputational harm.
Based on analysis of 3 sections of legislative text.
Prohibits deceptive claims that an entity provides abortion/contraception services or access to licensed medical staff and gives the FTC rulemaking and enforcement authority with large civil penalties.
Official title: Prohibit disinformation in the advertising of abortion services, and for other purposes.
Introduced February 13, 2025 by Elizabeth Warren · Last progress February 13, 2025
Makes it illegal for any person or organization to use deceptive advertising or misrepresentations to claim they provide abortion or contraception services, referrals to those services, or access to licensed medical personnel. The Federal Trade Commission is given rulemaking and enforcement authority, including civil penalties tied to either a CPI-adjusted statutory floor or a percentage of the parent entity’s prior-year revenue, and must report to Congress on enforcement actions beginning one year after enactment.