(Added by Ord. No. 187,650, Eff. 12/5/22.)
(a) Definitions.
1. Abortion Care: shall mean any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth.
2. City: shall mean the City of Los Angeles.
3. Emergency Contraception: shall mean one or more prescription drugs (1) used separately or in combination, to prevent pregnancy, when administered to or self-administered by a patient, within a medically-recommended amount of time after sexual intercourse; (2) dispensed for that purpose in accordance with professional standards of practice; and (3) determined by the United States Food and Drug Administration to be safe for that purpose.
4. Pregnancy-Related Services: shall mean services provided or offered to a person who is or may be pregnant, including any of the following: pregnancy testing, pregnancy diagnosis, obstetric ultrasounds, obstetric sonograms, or Prenatal Care.
5. Pregnancy Services Center: shall mean a facility, licensed or unlicensed, and including mobile facilities, the primary purpose of which is to provide services (professional or otherwise) including referrals to people who are or may be pregnant.
6. Prenatal Care: shall mean services consisting of physical examination, pelvic examination, or clinical laboratory services provided to a pregnant person. Clinical laboratory services refers to the microbiological, serological, chemical, hematological, biophysical, cytological, or pathological examination of materials derived from the human body, for purposes of obtaining information, for the diagnosis, prevention, or treatment of disease, or the assessment of health condition.
(b) Prohibited Activities. It is unlawful for any Pregnancy Services Center to make an advertising statement that a reasonable consumer would believe indicates that the Pregnancy Services Center provides Abortion Care, Emergency Contraception, Prenatal Care, or any other Pregnancy-Related Service, despite the Pregnancy Services Center not providing that service, or not making a timely referral to a qualified service provider both with respect to the consumer in question (in a private right of action), and as part of the Pregnancy Services Center’s business practice.
1. Disclaimers. The presence of a disclaimer shall be relevant to determining whether an advertisement would likely mislead a reasonable consumer into believing that the Pregnancy Services Center provides Abortion Care, Emergency Contraception, Prenatal Care, or any other Pregnancy- Related Service. Among other things, the trier of fact shall evaluate the location of the disclaimer relative to the advertisement’s affirmative statements, as well as the disclaimer’s prominence, font size, and other characteristics, when determining whether the advertisement would likely mislead a reasonable consumer.
(c) Civil Enforcement. The City Attorney in the name of the People of the State of California or any aggrieved consumer of Pregnancy Service Center services may enforce the provisions of this section through a civil action in any court of competent jurisdiction. In an action brought by the People or an aggrieved consumer, the court, upon finding that a Pregnancy Services Center has violated any provision of this article, may:
1. Impose statutory penalties up to $10,000 per violation, to be recovered from the Pregnancy Services Center and each and every person who has violated this section.
2. Order injunctive relief compelling compliance with any provision of this article and correcting the effects of false, misleading, or deceptive advertising.
3. Award restitution.
4. Award to a prevailing plaintiff reasonable attorneys’ fees and costs.
In an action brought by an aggrieved consumer of Pregnancy Service Center services, the court may also award compensatory damages, punitive damages, or other compensation or relief as the court deems necessary to remedy the effects of the false, misleading, or deceptive advertising.
(d) Nonexclusive Remedies and Penalties. The remedies provided in this section are not exclusive, and nothing in this section shall be interpreted as restricting or otherwise limiting the enforcement authority that state law or the Charter or Los Angeles Municipal Code vest in the City, its agencies, officers, or employees, or any state agency, or as precluding an aggrieved Pregnancy Services Center consumer from seeking any other remedies provided by law. Nothing in this section shall be interpreted as restricting, precluding or otherwise limiting a separate or concurrent criminal prosecution under the Municipal Code or state law. Jeopardy shall not attach as a result of any court action to enforce the provisions of this section.
(e) Severability. If any provision of this section is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this section which can be implemented without the invalid provisions, and to this end, the provisions of this section are declared to be severable. The City Council hereby declares that it would have adopted this section and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional, or otherwise unenforceable.