FTC Investigates Gender-Affirming Care
The Federal Trade Commission (FTC) has initiated a public inquiry into whether healthcare providers offering gender-affirming services might be breaching federal consumer protection laws. This investigation began on Monday.
In a recent news release, the FTC explained that they are conducting a survey to gain insights into how consumers might be subjected to misleading or unverified claims about gender-affirming care. They aim to assess the potential harms, particularly those affecting minors.
The agency’s focus is on whether healthcare professionals delivering transition-related services could be engaging in deceptive business practices or false advertising. This includes failing to inform patients about the risks associated with treatments or making unsubstantiated assertions regarding their benefits.
The FTC has published a request for public input, seeking experiences related to gender-affirming care and the physicians involved in it. The request, open for a 60-day comment period, particularly aims to gather information related to minors, although it doesn’t specify exact age ranges.
Major healthcare organizations, such as the American Medical Association and the American Academy of Pediatrics, assert that gender-affirming care for both transgender adults and minors is vital for health and can even be life-saving.
Earlier this year, President Trump signed an executive order aimed at halting federal support for transition-related care for individuals under 19. He has also called on Congress to enact laws that would make such care illegal and criminalize it for minors.
This FTC announcement comes on the heels of a previous memo from the Department of Justice (DOJ), which issued more than 20 subpoenas to doctors and clinics involved in providing transgender medical procedures for children. This investigation focuses on issues like health fraud and false statements.
During a FTC event on July 9 in Washington, DOJ Chief of Staff Chad Mizelle mentioned that they had also sent subpoenas to significant manufacturers of drugs used in transgender medical interventions, as part of their research into prescription drug marketing and corporate practices concerning food, drugs, and cosmetics.
The event, titled “The Risk of Gender-Affirming Care for Minors,” featured testimonies from various stakeholders, including doctors and supporters, as well as dissenters.
The FTC observed that the testimonies suggested that practitioners of gender-affirming care might be misled by consumers. Notably, the workshop did not include any voices of support or individuals who reported positive outcomes from such care.
Since 2021, approximately half of the country has enacted bans on gender-affirming care for minors, according to the Movement Advancement Project, a nonprofit that monitors LGBTQ legislation. The Supreme Court upheld Tennessee’s ban in June, which had faced challenges from a coalition of transgender youth and their families claiming it was unconstitutional.
In contrast, 14 states and Washington, D.C., have implemented “shield laws” that protect access to gender-affirming care for youth. However, in some hospital systems within these areas, services remain suspended due to threats related to federal funding.
