SAD Act
- Bill Number
- H.R. 846
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2025-01-31: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2026-03-13T08:05:46Z
AI-Generated Summary
Purpose of the Legislation
The "Stop Antiabortion Disinformation Act" (H.R. 846), also known as the "SAD Act," aims to protect individuals seeking reproductive health care by prohibiting deceptive advertising that misleads people about available abortion and contraception services. It addresses concerns about "crisis pregnancy centers" (CPCs)—organizations that often pose as full-service health providers but discourage abortion through inaccurate information—especially after the 2022 Supreme Court decision in Dobbs v. Jackson Women's Health Organization, which ended federal protection for abortion rights and restricted access in many states.
Key Provisions
- Findings (Section 2): The bill outlines Congress's rationale, including the essential role of abortion in reproductive health, the post-Dobbs barriers to access (e.g., bans in 14 states affecting 17.9 million people of reproductive age, quadrupled travel times, and disproportionate impacts on low-income and people of color), and deceptive practices by CPCs. It notes there are over 2,500 CPCs nationwide (outnumbering abortion clinics 3-to-1 on average), which often provide misleading info on abortion risks, falsely claim medical expertise, and target underserved communities without offering actual services or privacy protections under the Health Insurance Portability and Accountability Act (HIPAA, a federal law safeguarding medical privacy).
- Prohibition on Deceptive Advertising (Section 3(a)): It makes it illegal for any person or organization to advertise reproductive health services in a way that falsely claims they provide or refer for contraception or abortion services, or that they employ or offer access to licensed medical professionals (e.g., doctors or nurses).
- Rulemaking and Enforcement (Sections 3(b)–(c)): The Federal Trade Commission (FTC) can create rules to implement this. Violations are treated as "unfair or deceptive acts" under the Federal Trade Commission Act (FTC Act, the main U.S. law against false advertising). The FTC gains broad powers to investigate, sue in court, seek injunctions (court orders to stop violations), impose civil penalties, and obtain restitution (money returned to affected people). This enforcement extends to nonprofit organizations, which are typically exempt from some FTC oversight.
- Penalties (Section 3(d)): Violators face civil fines up to $100,000 per violation (adjusted for inflation) or 50% of the parent company's prior-year revenue, whichever is greater.
- Reporting and Oversight (Section 3(e)): Starting one year after enactment, the FTC must report to Congress every two years on enforcement actions, outcomes, and new rules.
- Definitions (Section 3(g)): Key terms include "abortion services" (any care related to abortion), "Commission" (FTC), and "person" (broadly defined to include individuals, businesses, and organizations).
- Savings Clause (Section 3(f)): The law does not limit the FTC's existing powers under other laws.
Significant Changes to Existing Law
- Expands the FTC Act to explicitly cover deceptive advertising in reproductive health care, including by nonprofits like CPCs, which were previously harder to regulate due to exemptions for non-commercial entities.
- Introduces specific penalties and exclusive FTC litigation authority (with options for Attorney General involvement) tailored to this issue, going beyond general false advertising rules by focusing on abortion-related misinformation.
- Requires FTC rulemaking and biennial reporting, creating new administrative obligations not previously mandated for this sector.
Potential Impacts
- On Citizens: Could reduce confusion and delays for people seeking abortion or contraception, particularly in underserved areas, by ensuring ads are truthful. This might ease access burdens like travel costs and lost wages, especially for low-income individuals and communities of color, but enforcement depends on FTC resources.
- On Government Agencies: The FTC would handle new investigations, lawsuits, and reports, potentially increasing its workload and budget needs. States with abortion bans might see indirect effects if deceptive ads lead to fewer out-of-state referrals.
- On International Relations: No direct impacts, as the bill focuses on domestic advertising and services.
Main Stakeholders Affected
- Individuals Seeking Care: Pregnant people, including those of reproductive age (15–49), transgender and gender-nonconforming individuals, and low-income or minority communities, who may benefit from clearer information but could face ongoing access challenges.
- Crisis Pregnancy Centers and Anti-Abortion Groups: Over 2,500–4,000 CPCs could face fines, injunctions, and operational changes if their advertising is deemed deceptive, potentially limiting their outreach.
- Reproductive Health Providers: Legitimate clinics offering abortion or contraception might see less competition from misleading ads, improving patient trust and access.
- Federal Trade Commission: Gains enforcement responsibilities, affecting its priorities and resources.
- Broader Public: Taxpayers funding FTC actions; advocacy groups on both sides of abortion debates.
Notable Legal, Constitutional, or Political Implications
- Legal: Builds on the FTC Act by treating reproductive health ads as a priority area for "unfair or deceptive" practices, but could lead to court challenges over what counts as "deceptive" (e.g., subjective claims about abortion risks). The nonprofit extension might test FTC jurisdiction limits.
- Constitutional: Potential First Amendment (free speech) issues, as regulating ads could be seen as restricting anti-abortion advocacy; courts would weigh this against preventing consumer fraud. No direct equal protection or privacy concerns raised, though it ties into post-Dobbs reproductive rights debates.
- Political: Highly partisan, given the bill's sponsors (mostly Democrats) and focus on CPCs, which receive some federal funding. Passage could intensify national divides on abortion, influencing state-level policies and future elections, while enforcement might spark lawsuits from conservative groups.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Bonamici, Suzanne [D-OR-1]
Cosponsors (86)
Rep. Sykes, Emilia Strong [D-OH-13], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. Adams, Alma S. [D-NC-12], Rep. Titus, Dina [D-NV-1], Rep. Evans, Dwight [D-PA-3], Rep. Crockett, Jasmine [D-TX-30], Rep. Swalwell, Eric [D-CA-14], Rep. Velázquez, Nydia M. [D-NY-7], Rep. Connolly, Gerald E. [D-VA-11], Rep. DelBene, Suzan K. [D-WA-1], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Smith, Adam [D-WA-9], Rep. Clarke, Yvette D. [D-NY-9], Rep. Leger Fernandez, Teresa [D-NM-3], Rep. Gottheimer, Josh [D-NJ-5], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. McCollum, Betty [D-MN-4], Rep. Cohen, Steve [D-TN-9], Rep. Brownley, Julia [D-CA-26], Rep. Jacobs, Sara [D-CA-51], Rep. Balint, Becca [D-VT-At Large], Rep. Budzinski, Nikki [D-IL-13], Rep. Casar, Greg [D-TX-35], Rep. McClellan, Jennifer L. [D-VA-4], Rep. Trahan, Lori [D-MA-3], Rep. Chu, Judy [D-CA-28], Rep. DeGette, Diana [D-CO-1], Rep. Goldman, Daniel S. [D-NY-10], Rep. Matsui, Doris O. [D-CA-7], Rep. Tonko, Paul [D-NY-20], Rep. Jayapal, Pramila [D-WA-7], Rep. Moore, Gwen [D-WI-4], Rep. McIver, LaMonica [D-NJ-10], Rep. Tokuda, Jill N. [D-HI-2], Rep. Torres, Ritchie [D-NY-15], Rep. Magaziner, Seth [D-RI-2], Rep. Pettersen, Brittany [D-CO-7], Rep. Wilson, Frederica S. [D-FL-24], Rep. Grijalva, Raúl M. [D-AZ-7], Rep. Kamlager-Dove, Sydney [D-CA-37], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Fletcher, Lizzie [D-TX-7], Rep. Ansari, Yassamin [D-AZ-3], Rep. Davis, Danny K. [D-IL-7], Rep. Bynum, Janelle [D-OR-5], Rep. Salinas, Andrea [D-OR-6], Rep. Wasserman Schultz, Debbie [D-FL-25], Rep. Craig, Angie [D-MN-2], Rep. Castor, Kathy [D-FL-14], Rep. Ocasio-Cortez, Alexandria [D-NY-14] and 36 more
Recent Actions
- 2025-01-31: Referred to the House Committee on Energy and Commerce.
- 2025-01-31: Introduced in House
- 2025-01-31: Introduced in House
Bill Versions
- Stop Antiabortion Disinformation Act — issued 2025-01-31 — PDF (11 pages)