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Federal Trade Commission launches inquiry into harm of ‘gender-affirming care’ for minors

The U.S. Federal Trade Commission is investigating potential “unfair or deceptive trade practices” regarding transgender surgeries and drugs.

The launch of the federal inquiry is designed to “gauge the harms consumers may be experiencing” from “false or unsupported claims” about transgender treatment, according to a press release. The inquiry focuses on affected minors but is also open to adults who have been affected.

The agency’s investigation comes after President Donald Trump pledged to end federal support for transition drugs and surgeries in an executive order he issued at the outset of his administration this year.

The Federal Trade Commission, a federal agency that promotes marketplace competition and consumer education, will investigate whether practitioners have violated a long-standing law against deception in the marketplace.

The investigation falls under the purview of the agency as the primary enforcer of the Federal Trade Commission Act of 1914, a federal law that, among other things, prohibits deception and false advertising in the marketplace. The agency will investigate if practitioners have gone against Sections 5 and 12 of the act, which ban “unfair or deceptive acts” and false advertising, respectively. 

The commission “is uniquely positioned to investigate this potentially unlawful activity,” the agency stated, noting that the organization “has a long history of bringing enforcement actions” in health care. 

The agency “encourages members of the public to comment on any issues or concerns that are relevant to the FTC’s consideration of this topic, including by submitting any written data, advertisements, social media posts, disclosures, or empirical research,” the press release read. 

U.S. Sen. Tom Cotton, R-Arkansas, commended the agency “for investigating the horrific scheme to target minors with barbaric gender procedures.” 

“Everyone involved — including the ‘doctors’ — should face massive liability for the damage they did to vulnerable children,” Cotton said in a post on X.

This is not the commission’s first look at the transgender issue. Earlier this month, the agency hosted a workshop in Washington, D.C., to investigate “unfair or deceptive trade practices” within transgender treatment. 

The workshop brought in doctors, medical ethicists, detransitioners and their parents, and whistleblowers to share their testimonies. 

Andrew Ferguson, a Catholic Virginian who chairs the commission, told detransitioners and survivors that the agency “hears you, we hear all of you, and we want to understand how the law is being broken,” according to a report by Daily Wire. 

At the workshop, the U.S. Justice Department’s Chief of Staff Chad Mizelle announced that the department had issued more than 20 subpoenas against medical clinics as part of an investigation for fraud and false statements, National Review reported. 

The deadline for the public to submit comments is Sept. 26. Comments will be posted to Regulations.gov, while another forum is available for confidential comments.

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