AB 315: False advertising: abortion.

Existing law makes it unlawful for a person doing business in California and advertising to consumers in California to make any false or misleading advertising claim. Existing law, the Unfair Competition Law, makes various practices unlawful and provides that a person who engages, has engaged, or proposes to engage in unfair competition is liable for a civil penalty, as specified.

Existing law prohibits the state from denying or interfering with an individuals fundamental right to choose or obtain an abortion. Existing law, which was previously held unconstitutional by the United States Supreme Court, requires a covered facility to disseminate to its clients a specified notice regarding abortion. Existing law authorizes the Attorney General, city attorney, or county counsel to bring an action to impose a specified civil penalty against covered facilities that fail to comply with these requirements.

This bill would prohibit a person doing business in California who is performing, has performed, or intends to perform a pregnancy-related service from advertising using a false or misleading statement related to the persons provision, or lack of provision, of abortion. The bill would make a violation of that prohibition an unfair business practice, and would authorize the Attorney General, an entity authorized to enforce unfair competition laws, a district attorney, a county counsel, or a city attorney to file for injunctive relief or seek a civil penalty, as specified. The bill would also authorize a person harmed to bring a private right of action seeking injunctive relief, a monetary penalty of at least $1,000, actual damages, and reasonable attorneys fees.