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Senate Rejects Bill Limiting Misleading Cosmetic-Surgery Advertisements
Summary
The Senate debated a narrowed second substitute to SB85 that targeted false or exaggerated cosmetic-surgery 'before-and-after' images; after floor amendment (adding 'grossly' and replacing 'expected' with 'actual'), the third-reading vote failed and the measure was filed.
Senate Bill 85 in its second substitute form would have required cosmetic-surgery advertisers to disclose if 'before-and-after' photographs were false, misleading or deceptive—language aimed at preventing exaggerated results in marketing. Sponsor Sen. Weider said the bill was narrowed to apply only to cosmetic surgery and tasked with ensuring photographs ‘‘do not grossly exaggerate or otherwise fail to accurately depict actual results of the cosmetic medical procedure.’'
Senators discussed definitional clarity (what constitutes 'false, misleading or deceptive' in practice), enforcement mechanisms and potential civil remedies. The sponsor said enforcement would be civil (not criminal), modeled on professional guidelines used by the American Medical Association, and might be pursued by competitors or consumers through the courts.
On a floor roll call after amendment, the second substitute SB85 failed to receive a majority (11 aye, 12 nay, several absent) and the measure was filed for staff action.
Context: Sponsor argued the bill protects consumers—particularly young people—from deceptive advertising; opponents worried the language could be vague and invite excessive litigation or chill legitimate advertising.
Next step: The bill did not pass the Senate on third reading and was sent to staff for filing; sponsors may choose to revisit the issue with clearer statutory standards.
