FTC rejects HISA Anti-Doping and Medications rules

Columbus, OH — “The Federal Trade Commission issued Dec. 12 an order disapproving the proposed Anti-Doping and Medication Control rule submitted by the Horseracing Integrity and Safety Authority after a public comment period,” according to a story on www.bloodhorse.com.

In the story, Eric Mitchell reports, “The Horseracing Integrity and Safety Act, which created HISA, includes a requirement that its rules must be submitted for approval to the FTC.

“The Commission vote was 3-0-1, with Commissioner Christine S. Wilson abstaining.

“The Commission’s order explains that its disapproval arises from the legal uncertainty arising from a recent decision by the U.S. Court of Appeals for the Fifth Circuit, which declared the Horseracing Integrity and Safety Act unconstitutional. Because the next steps in the litigation could render the proposed rule unenforceable in the states that make up the circuit and in those that are plaintiffs in litigation, approving the proposed rule would be inconsistent with the Act’s foundational principle that horse racing rules be uniform across the nation. Accordingly, the commission did not reach the merits of the proposed rule, which the Authority may re-submit if the legal uncertainty is resolved.”

The story also notes that the FTC decision doesn’t affect HISA’s track safety rules for now.

The ruling that HISA is unconstitutional by the U.S. Fifth Circuit Court on Nov. 18, has set Jan. 10, 2023 as the date that the court’s ruling will take effect, which will affect the HISA’s safety rules.

To read the complete story on bloodhorse.com, click here.

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