Title: Stop Deceptive Advertising for Women's Healthcare Services Act
Policy area: Commerce

Summary:
Stop Deceptive Advertising for Women's Healthcare Services Act
This bill requires the Federal Trade Commission (FTC) to promulgate rules to prohibit, as an unfair and deceptive act or practice, a person from advertising with the intent to deceptively create the impression that: (1) such person is a provider of abortion services if such person does not provide such services, or (2) such person is not a provider of abortion services if such person does provide such services.
"Abortion services" is defined as providing surgical and non-surgical procedures to terminate a pregnancy, or providing referrals for such procedures.
The bill sets forth the enforcement authority of the FTC, including with respect to nonprofit organizations.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2566 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2566

 To direct the Federal Trade Commission to prescribe rules prohibiting 
              deceptive advertising of abortion services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2017

  Mrs. Carolyn B. Maloney of New York (for herself and Ms. Bonamici) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To direct the Federal Trade Commission to prescribe rules prohibiting 
              deceptive advertising of abortion services.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Deceptive Advertising for 
Women's Healthcare Services Act''.

SEC. 2. PROHIBITION OF DECEPTIVE ADVERTISING OF ABORTION SERVICES.

    (a) Conduct Prohibited.--Not later than 180 days after the date of 
enactment of this Act, the Federal Trade Commission shall, in 
accordance with section 553 of title 5, United States Code, promulgate 
rules to prohibit, as an unfair and deceptive act or practice, any 
person from advertising with the intent to deceptively create the 
impression that--
            (1) such person is a provider of abortion services if such 
        person does not provide abortion services; and
            (2) such person is not a provider of abortion services if 
        such person does provide abortion services.
    (b) Enforcement.--A violation of a rule promulgated under 
subsection (a) shall be treated as a violation of a rule defining an 
unfair or deceptive act or practice under section 18(a)(1)(B) of the 
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Commission 
shall enforce such rules in the same manner, by the same means, and 
with the same jurisdiction, powers, and duties as though all applicable 
terms and provisions of the Federal Trade Commission Act were 
incorporated into and made a part of this Act. Any person who violates 
this Act shall be subject to the penalties and entitled to the 
privileges and immunities provided in the Federal Trade Commission Act 
(15 U.S.C. 41 et seq.).
    (c) Nonprofit Organizations.--The Federal Trade Commission shall 
enforce this Act with respect to an organization that is not organized 
to carry on business for its own profit or that of its members as if 
such organization were a person over which the Commission has authority 
pursuant to section 5(a)(2) of the Federal Trade Commission Act (15 
U.S.C. 45(a)(2)).

SEC. 3. DEFINITIONS.

    For purposes of the rules prescribed under section 2, the following 
definitions apply:
            (1) Advertise.--The term ``advertise'' means offering of 
        goods or services to the public, regardless of whether such 
        goods or services are offered for payment or result in a 
        profit.
            (2) Abortion services.--The term ``abortion services'' 
        means providing surgical and non-surgical procedures to 
        terminate a pregnancy, or providing referrals for such 
        procedures.
            (3) Person.--The term ``person'' has the meaning given such 
        term in section 551(2) of title 5, United States Code.
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