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| 1 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 315Introduced by Assembly Member Bauer-KahanJanuary 26, 2023 An act to add Article 10 (commencing with Section 17620) to Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, relating to false advertising. LEGISLATIVE COUNSEL'S DIGESTAB 315, as introduced, Bauer-Kahan. 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, a district attorney, or a city attorney to file for injunctive relief or seek a civil penalty, as specified. The bill would also authorize a private right of action seeking injunctive relief, a monetary penalty of at least $1,000, and reasonable attorneys fees.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 10 (commencing with Section 17620) is added to Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, to read: Article 10. Abortion17620. For purposes of this article:(a) Abortion means a medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.(b) Advertise means to offer or provide goods or services to the public, regardless of whether or not the goods or services are offered for payment or result in a profit.(c) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, or other legal entity or any combination thereof.(d) Pregnancy-related service means a medical or health counseling service related to pregnancy or pregnancy prevention, including contraception and contraceptive counseling, pregnancy testing, pregnancy diagnosis, pregnancy options counseling, obstetric ultrasound, obstetric sonogram, and prenatal care.17621. A person doing business in California who is performing, has performed, or intends to perform a pregnancy-related service shall not advertise using a false or misleading statement related to the persons provision, or lack of provision, of abortion.17622. (a) A violation of this article is an unfair business practice, as specified in Section 17200.(b) The Attorney General, a district attorney, or a city attorney may file for injunctive relief or seek a civil penalty against a person for a violation of this article, pursuant to Chapter 5 (commencing with Section 17200) of Part 2.(c) A violation of this article is enforceable by a private right of action. The available remedies for a private right of action are injunctive relief, a monetary penalty of at least one thousand dollars ($1,000), and recovery of reasonable attorneys fees. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 315Introduced by Assembly Member Bauer-KahanJanuary 26, 2023 An act to add Article 10 (commencing with Section 17620) to Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, relating to false advertising. LEGISLATIVE COUNSEL'S DIGESTAB 315, as introduced, Bauer-Kahan. 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, a district attorney, or a city attorney to file for injunctive relief or seek a civil penalty, as specified. The bill would also authorize a private right of action seeking injunctive relief, a monetary penalty of at least $1,000, and reasonable attorneys fees.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
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| 5 | - | Amended IN Assembly March 14, 2023 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly March 14, 2023 | |
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| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 315 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member Bauer-KahanJanuary 26, 2023 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Bauer-Kahan | |
| 18 | 18 | January 26, 2023 | |
| 19 | 19 | ||
| 20 | 20 | An act to add Article 10 (commencing with Section 17620) to Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, relating to false advertising. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 315, as | |
| 26 | + | AB 315, as introduced, Bauer-Kahan. False advertising: abortion. | |
| 27 | 27 | ||
| 28 | - | 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, | |
| 28 | + | 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, a district attorney, or a city attorney to file for injunctive relief or seek a civil penalty, as specified. The bill would also authorize a private right of action seeking injunctive relief, a monetary penalty of at least $1,000, and reasonable attorneys fees. | |
| 29 | 29 | ||
| 30 | 30 | 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. | |
| 31 | 31 | ||
| 32 | 32 | 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. | |
| 33 | 33 | ||
| 34 | - | 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, | |
| 34 | + | 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, a district attorney, or a city attorney to file for injunctive relief or seek a civil penalty, as specified. The bill would also authorize a private right of action seeking injunctive relief, a monetary penalty of at least $1,000, and reasonable attorneys fees. | |
| 35 | 35 | ||
| 36 | 36 | ## Digest Key | |
| 37 | 37 | ||
| 38 | 38 | ## Bill Text | |
| 39 | 39 | ||
| 40 | - | The people of the State of California do enact as follows:SECTION 1. Article 10 (commencing with Section 17620) is added to Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, to read: Article 10. Abortion17620. For purposes of this article:(a) Abortion means a medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.(b) Advertise means to offer or provide goods or services to the public, regardless of whether or not the goods or services are offered for payment or result in a profit.(c)Person means a natural person, corporation, limited liability company, partnership, joint venture, association, or other legal entity or any combination thereof | |
| 40 | + | The people of the State of California do enact as follows:SECTION 1. Article 10 (commencing with Section 17620) is added to Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, to read: Article 10. Abortion17620. For purposes of this article:(a) Abortion means a medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.(b) Advertise means to offer or provide goods or services to the public, regardless of whether or not the goods or services are offered for payment or result in a profit.(c) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, or other legal entity or any combination thereof.(d) Pregnancy-related service means a medical or health counseling service related to pregnancy or pregnancy prevention, including contraception and contraceptive counseling, pregnancy testing, pregnancy diagnosis, pregnancy options counseling, obstetric ultrasound, obstetric sonogram, and prenatal care.17621. A person doing business in California who is performing, has performed, or intends to perform a pregnancy-related service shall not advertise using a false or misleading statement related to the persons provision, or lack of provision, of abortion.17622. (a) A violation of this article is an unfair business practice, as specified in Section 17200.(b) The Attorney General, a district attorney, or a city attorney may file for injunctive relief or seek a civil penalty against a person for a violation of this article, pursuant to Chapter 5 (commencing with Section 17200) of Part 2.(c) A violation of this article is enforceable by a private right of action. The available remedies for a private right of action are injunctive relief, a monetary penalty of at least one thousand dollars ($1,000), and recovery of reasonable attorneys fees. | |
| 41 | 41 | ||
| 42 | 42 | The people of the State of California do enact as follows: | |
| 43 | 43 | ||
| 44 | 44 | ## The people of the State of California do enact as follows: | |
| 45 | 45 | ||
| 46 | - | SECTION 1. Article 10 (commencing with Section 17620) is added to Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, to read: Article 10. Abortion17620. For purposes of this article:(a) Abortion means a medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.(b) Advertise means to offer or provide goods or services to the public, regardless of whether or not the goods or services are offered for payment or result in a profit.(c)Person means a natural person, corporation, limited liability company, partnership, joint venture, association, or other legal entity or any combination thereof | |
| 46 | + | SECTION 1. Article 10 (commencing with Section 17620) is added to Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, to read: Article 10. Abortion17620. For purposes of this article:(a) Abortion means a medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.(b) Advertise means to offer or provide goods or services to the public, regardless of whether or not the goods or services are offered for payment or result in a profit.(c) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, or other legal entity or any combination thereof.(d) Pregnancy-related service means a medical or health counseling service related to pregnancy or pregnancy prevention, including contraception and contraceptive counseling, pregnancy testing, pregnancy diagnosis, pregnancy options counseling, obstetric ultrasound, obstetric sonogram, and prenatal care.17621. A person doing business in California who is performing, has performed, or intends to perform a pregnancy-related service shall not advertise using a false or misleading statement related to the persons provision, or lack of provision, of abortion.17622. (a) A violation of this article is an unfair business practice, as specified in Section 17200.(b) The Attorney General, a district attorney, or a city attorney may file for injunctive relief or seek a civil penalty against a person for a violation of this article, pursuant to Chapter 5 (commencing with Section 17200) of Part 2.(c) A violation of this article is enforceable by a private right of action. The available remedies for a private right of action are injunctive relief, a monetary penalty of at least one thousand dollars ($1,000), and recovery of reasonable attorneys fees. | |
| 47 | 47 | ||
| 48 | 48 | SECTION 1. Article 10 (commencing with Section 17620) is added to Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, to read: | |
| 49 | 49 | ||
| 50 | 50 | ### SECTION 1. | |
| 51 | 51 | ||
| 52 | - | Article 10. Abortion17620. For purposes of this article:(a) Abortion means a medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.(b) Advertise means to offer or provide goods or services to the public, regardless of whether or not the goods or services are offered for payment or result in a profit.(c)Person means a natural person, corporation, limited liability company, partnership, joint venture, association, or other legal entity or any combination thereof | |
| 52 | + | Article 10. Abortion17620. For purposes of this article:(a) Abortion means a medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.(b) Advertise means to offer or provide goods or services to the public, regardless of whether or not the goods or services are offered for payment or result in a profit.(c) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, or other legal entity or any combination thereof.(d) Pregnancy-related service means a medical or health counseling service related to pregnancy or pregnancy prevention, including contraception and contraceptive counseling, pregnancy testing, pregnancy diagnosis, pregnancy options counseling, obstetric ultrasound, obstetric sonogram, and prenatal care.17621. A person doing business in California who is performing, has performed, or intends to perform a pregnancy-related service shall not advertise using a false or misleading statement related to the persons provision, or lack of provision, of abortion.17622. (a) A violation of this article is an unfair business practice, as specified in Section 17200.(b) The Attorney General, a district attorney, or a city attorney may file for injunctive relief or seek a civil penalty against a person for a violation of this article, pursuant to Chapter 5 (commencing with Section 17200) of Part 2.(c) A violation of this article is enforceable by a private right of action. The available remedies for a private right of action are injunctive relief, a monetary penalty of at least one thousand dollars ($1,000), and recovery of reasonable attorneys fees. | |
| 53 | 53 | ||
| 54 | - | Article 10. Abortion17620. For purposes of this article:(a) Abortion means a medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.(b) Advertise means to offer or provide goods or services to the public, regardless of whether or not the goods or services are offered for payment or result in a profit.(c)Person means a natural person, corporation, limited liability company, partnership, joint venture, association, or other legal entity or any combination thereof | |
| 54 | + | Article 10. Abortion17620. For purposes of this article:(a) Abortion means a medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.(b) Advertise means to offer or provide goods or services to the public, regardless of whether or not the goods or services are offered for payment or result in a profit.(c) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, or other legal entity or any combination thereof.(d) Pregnancy-related service means a medical or health counseling service related to pregnancy or pregnancy prevention, including contraception and contraceptive counseling, pregnancy testing, pregnancy diagnosis, pregnancy options counseling, obstetric ultrasound, obstetric sonogram, and prenatal care.17621. A person doing business in California who is performing, has performed, or intends to perform a pregnancy-related service shall not advertise using a false or misleading statement related to the persons provision, or lack of provision, of abortion.17622. (a) A violation of this article is an unfair business practice, as specified in Section 17200.(b) The Attorney General, a district attorney, or a city attorney may file for injunctive relief or seek a civil penalty against a person for a violation of this article, pursuant to Chapter 5 (commencing with Section 17200) of Part 2.(c) A violation of this article is enforceable by a private right of action. The available remedies for a private right of action are injunctive relief, a monetary penalty of at least one thousand dollars ($1,000), and recovery of reasonable attorneys fees. | |
| 55 | 55 | ||
| 56 | 56 | Article 10. Abortion | |
| 57 | 57 | ||
| 58 | 58 | Article 10. Abortion | |
| 59 | 59 | ||
| 60 | - | 17620. For purposes of this article:(a) Abortion means a medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.(b) Advertise means to offer or provide goods or services to the public, regardless of whether or not the goods or services are offered for payment or result in a profit.(c)Person means a natural person, corporation, limited liability company, partnership, joint venture, association, or other legal entity or any combination thereof | |
| 60 | + | 17620. For purposes of this article:(a) Abortion means a medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.(b) Advertise means to offer or provide goods or services to the public, regardless of whether or not the goods or services are offered for payment or result in a profit.(c) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, or other legal entity or any combination thereof.(d) Pregnancy-related service means a medical or health counseling service related to pregnancy or pregnancy prevention, including contraception and contraceptive counseling, pregnancy testing, pregnancy diagnosis, pregnancy options counseling, obstetric ultrasound, obstetric sonogram, and prenatal care. | |
| 61 | 61 | ||
| 62 | 62 | ||
| 63 | 63 | ||
| 64 | 64 | 17620. For purposes of this article: | |
| 65 | 65 | ||
| 66 | 66 | (a) Abortion means a medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth. | |
| 67 | 67 | ||
| 68 | 68 | (b) Advertise means to offer or provide goods or services to the public, regardless of whether or not the goods or services are offered for payment or result in a profit. | |
| 69 | 69 | ||
| 70 | 70 | (c) Person means a natural person, corporation, limited liability company, partnership, joint venture, association, or other legal entity or any combination thereof. | |
| 71 | 71 | ||
| 72 | - | ||
| 73 | - | ||
| 74 | - | (c) Person has the same meaning as in Section 17021. | |
| 75 | - | ||
| 76 | 72 | (d) Pregnancy-related service means a medical or health counseling service related to pregnancy or pregnancy prevention, including contraception and contraceptive counseling, pregnancy testing, pregnancy diagnosis, pregnancy options counseling, obstetric ultrasound, obstetric sonogram, and prenatal care. | |
| 77 | 73 | ||
| 78 | 74 | 17621. A person doing business in California who is performing, has performed, or intends to perform a pregnancy-related service shall not advertise using a false or misleading statement related to the persons provision, or lack of provision, of abortion. | |
| 79 | 75 | ||
| 80 | 76 | ||
| 81 | 77 | ||
| 82 | 78 | 17621. A person doing business in California who is performing, has performed, or intends to perform a pregnancy-related service shall not advertise using a false or misleading statement related to the persons provision, or lack of provision, of abortion. | |
| 83 | 79 | ||
| 84 | - | 17622. (a) A violation of this article is an unfair business practice, as specified in Section 17200.(b) The Attorney General, | |
| 80 | + | 17622. (a) A violation of this article is an unfair business practice, as specified in Section 17200.(b) The Attorney General, a district attorney, or a city attorney may file for injunctive relief or seek a civil penalty against a person for a violation of this article, pursuant to Chapter 5 (commencing with Section 17200) of Part 2.(c) A violation of this article is enforceable by a private right of action. The available remedies for a private right of action are injunctive relief, a monetary penalty of at least one thousand dollars ($1,000), and recovery of reasonable attorneys fees. | |
| 85 | 81 | ||
| 86 | 82 | ||
| 87 | 83 | ||
| 88 | 84 | 17622. (a) A violation of this article is an unfair business practice, as specified in Section 17200. | |
| 89 | 85 | ||
| 90 | - | (b) The Attorney General, | |
| 86 | + | (b) The Attorney General, a district attorney, or a city attorney may file for injunctive relief or seek a civil penalty against a person for a violation of this article, pursuant to Chapter 5 (commencing with Section 17200) of Part 2. | |
| 91 | 87 | ||
| 92 | - | (c)A violation of this article is enforceable by | |
| 93 | - | ||
| 94 | - | ||
| 95 | - | ||
| 96 | - | (c) A person harmed by a violation of this article may bring a private right of action. The available remedies for a private right of action are injunctive relief, a monetary penalty of at least one thousand dollars ($1,000), actual damages, including damages for infliction of emotional distress, and recovery of reasonable attorneys fees. | |
| 88 | + | (c) A violation of this article is enforceable by a private right of action. The available remedies for a private right of action are injunctive relief, a monetary penalty of at least one thousand dollars ($1,000), and recovery of reasonable attorneys fees. |