II 

113TH CONGRESS 

1ST SESSION S. 981 

To direct the Federal Trade Commission to prescribe rules prohibiting 

deceptive advertising of abortion services, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2013 

Mr. MENENDEZ (for himself, Mr. BLUMENTHAL, and Mr. LAUTENBERG) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To direct the Federal Trade Commission to prescribe rules 

prohibiting deceptive advertising of abortion services, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Deceptive Adver5 tising for Women’s Services Act of 2013’’. 

6 SEC. 2. PROHIBITION OF DECEPTIVE ADVERTISING OF 

7 ABORTION SERVICES. 

8 (a) CONDUCT PROHIBITED.— 


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•S 981 IS

1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, the Fed3 eral Trade Commission shall promulgate rules to 

4 prohibit, as an unfair and deceptive act or practice, 

5 any person from advertising with the intent to de6 ceptively create the impression that— 

7 (A) such person is a provider of abortion 

8 services if such person does not provide abor9 tion services; and 

10 (B) such person is not a provider of abor11 tion services if such person does provide abor12 tion services. 

13 (2) RULEMAKING.—Notwithstanding any other 

14 provision of law, the Commission shall promulgate a 

15 rule under this subsection in accordance with section 

16 553 of title 5, United States Code. 

17 (b) ENFORCEMENT.— 

18 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC19 TICES.—A violation of a rule promulgated under 

20 subsection (a)(1) shall be treated as a violation of a 

21 rule defining an unfair or deceptive act or practice 

22 described under section 18(a)(1)(B) of the Federal 

23 Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 

24 (2) POWERS OF COMMISSION.— 


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•S 981 IS

1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (C), the Federal Trade Commis3 sion shall enforce this Act in the same manner, 

4 by the same means, and with the same jurisdic5 tion, powers, and duties as though all applicable 

6 terms and provisions of the Federal Trade 

7 Commission Act (15 U.S.C. 41 et seq.) were in8 corporated into and made a part of this Act. 

9 (B) PRIVILEGES AND IMMUNITIES.—Ex10 cept as provided in subparagraph (C), any per11 son who violates this Act shall be subject to the 

12 penalties and entitled to the privileges and im13 munities provided in the Federal Trade Com14 mission Act (15 U.S.C. 41 et seq.). 

15 (C) NONPROFIT ORGANIZATIONS.—The 

16 Federal Trade Commission shall enforce this 

17 Act with respect to an organization that is not 

18 organized to carry on business for its own profit 

19 or that of its members as if such organization 

20 were a person over which the Commission has 

21 authority pursuant to section 5(a)(2) of the 

22 Federal Trade Commission Act (15 U.S.C. 

23 45(a)(2)). 

24 (c) DEFINITIONS.—In this section: 


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•S 981 IS

1 (1) ADVERTISE.—The term ‘‘advertise’’ means 

2 offering of goods or services to the public, regardless 

3 of whether such goods or services are offered for 

4 payment or result in a profit. 

5 (2) ABORTION SERVICES.—The term ‘‘abortion 

6 services’’ means providing surgical and non-surgical 

7 procedures to terminate a pregnancy, or providing 

8 referrals for such procedures. 

9 (3) PERSON.—The term ‘‘person’’ has the 

10 meaning given such term in section 551(2) of title 

11 5, United States Code. 

Æ 


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