New Jersey A 861: Provides certain deceptive practices in advertising of pregnancy-related services violate the consumer fraud act.

Bill Text

(Sponsorship Updated As Of: 3/20/2025)
[First Reprint]
ASSEMBLY, No. 861

STATE OF NEW JERSEY
221st LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

Sponsored by:
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Assemblywoman GARNET R. HALL
District 28 (Essex and Union)

Co-Sponsored by:
Assemblyman Miller and Assemblywoman Ramirez

SYNOPSIS
Provides certain deceptive practices in advertising of pregnancy-related
services violate the consumer fraud act.

CURRENT VERSION OF TEXT
As reported by the Assembly Community Development and Women's
Affairs Committee on March 20, 2025, with amendments.

A861 [1R] REYNOLDS-JACKSON, PARK
2

EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.
Matter enclosed in superscript numerals has been adopted as follows:
1Assembly ACW committee amendments adopted March 20, 2025.

AN ACT concerning certain deceptive practices in the advertising of 1
pregnancy-related services and supplementing P.L.1960, c.39 2
(C.56:8-1). 3
4
BE IT ENACTED by the Senate and General Assembly of the State 5
of New Jersey: 6
7
1. As used in this act: 8
“Crisis pregnancy center” means a facility administered by a 9
nonprofit organization that provides a client with peer-related 10
counseling services related to pregnancy and childbirth, including, 11
but not limited to, referrals to non-medical services, child–rearing 12
resources, and adoption services, but does not provide referrals to 13
abortion or other pregnancy-related services. A crisis pregnancy 14
center shall include a facility that presents the appearance of a 15
licensed health care facility by: requiring staff or volunteers to wear 16
medical attire or uniforms and to collect from a client identifiable 17
health information, as defined in 45 C.F.R. s.160.103; having one or 18
more examination rooms or semi-private rooms or areas containing 19
medical supplies or medical instruments; or sharing physical space 20
with a physician’s office or a licensed health care facility. A crisis 21
pregnancy center shall not include an ambulatory care facility, a 22
licensed health care facility, or a birthing facility that provides 23
family planning services and prenatal care. 24

1“Health care facility” means a health care facility licensed 25
pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.). 26
“Physician” means a person licensed to practice medicine or 27
perform surgery in this State pursuant to chapter 9 of Title 45 of the 28
Revised Statutes.
1 29
“Pregnancy–related services” means any medical services or 30
health care counseling services related to pregnancy or pregnancy 31
prevention, including, but not limited to, ultrasound or sonogram 32
evaluations, pregnancy testing, prenatal care, and education and 33
counseling on contraception and unplanned pregnancy options. 34
1“False or misleading” shall mean: 35
(1) falsely representing or implying that the crisis pregnancy center 36
provides abortion or other pregnancy-related services if the crisis 37
pregnancy center does not provide such services; 38
(2) falsely representing that the crisis pregnancy center is a health 39
care facility if the crisis pregnancy center is not, and if the crisis 40
pregnancy center is not, failing to disclose that the crisis pregnancy 41
center is not a health care facility; or 42
(3) failing to disclose at the time of service, or failing to disclose 43
clearly and conspicuously in any advertisement, announcement, or 44

A861 [1R] REYNOLDS-JACKSON, PARK
3

statement, that the crisis pregnancy center does not provide referrals to 1
abortion or other pregnancy-related services.
1 2
3
2. a. It shall be an unlawful practice for a crisis pregnancy center 4
to: 5
(1) make, publish, disseminate, circulate, or place before the 6
public, or cause, directly or indirectly, to be made, published, 7
disseminated, circulated, or placed before the public, in a newspaper, 8
magazine, or other publication, or in the form of a notice, circular, 9
pamphlet, letter, or poster, or over any radio station, or via the Internet, 10
or in any other way, an advertisement, announcement, or statement 11
containing any assertion, representation, or statement with respect to 12
pregnancy-related services or the provision of pregnancy-related 13
services which is
1[untrue, deceptive,] false
1 or misleading ; or 14
(2) make false or misleading statements about, or misrepresent the 15
center’s intent to provide, pregnancy-related services. 16
b. A crisis pregnancy center that violates the provisions of 17
subsection a. of this section shall be subject to all remedies and 18
penalties
1for consumer fraud
1 available pursuant to P.L.1960, c.39 19
(C.56:8-1 et seq.). 20

1c. In addition to any penalties imposed pursuant to P.L.1960, c.39 21
(C.56:8-1 et seq.) or any other provision of law, a crisis