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 individual's fundamental right to choose or obtain an abortion.
This bill would prohibit a person doing business in California from advertising using a statement that a reasonable person would believe indicates that the person provides a pregnancy-related service if the person does not provide that pregnancy-related service or does not make a timely referral to a provider of that pregnancy-related service. The bill would make a violation of that prohibition an unfair business practice, and would authorize 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 authorize a court to impose statutory penalties of up to $10,000 per violation, order injunctive relief, award restitution, and award reasonable attorney's fees and costs.