The Federal Trade Commission (FTC) has initiated a public inquiry to determine if gender-affirming healthcare providers may be breaching federal consumer protection laws. This investigation, announced on Monday, aims to gather insights into the potential misinformation or unsupported claims surrounding ‘gender-affirming care,’ especially as it pertains to minors.
In a recent news release, the FTC indicated that it is conducting a survey to assess the harms consumers, particularly minors, might face. They are probing whether healthcare professionals providing transition-related care are engaging in deceptive business practices or making unfounded claims regarding treatment risks and benefits.
Additionally, the FTC has put out a request for information, inviting public feedback on four specific questions regarding gender-affirming care experiences. This 60-day comment period doesn’t pinpoint an exact age range but emphasizes a focus on care for minors.
Prominent health organizations, like the American Medical Association and the American Academy of Pediatrics, contend that gender-affirming care is essential for both transgender adults and minors, arguing it can 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, while urging Congress to enact laws that would “permanently prohibit and criminalize” such care for minors.
The FTC’s announcement follows a prior memo from the Department of Justice (DOJ), which has already issued over 20 subpoenas to physicians and clinics involved with transgender medical procedures for children, looking into issues like “health fraud and false statements.”
At a July 9 workshop held by the FTC in Washington, DOJ Chief of Staff Chad Mizelle mentioned that subpoenas were also given to major manufacturers of drugs relevant to transgender medical interventions as part of a broader study on prescription drug marketing practices.
The workshop, titled “The Risk of Gender-Affirming Care for Minors,” featured testimonies from doctors and advocates but notably excluded voices from those who support or claim to have benefitted from such care.
According to the Movement Advancement Project, which tracks LGBTQ legislation, nearly half the states have restricted gender-affirming care for minors since 2021. In June, the Supreme Court upheld a ban from Tennessee, which faced legal challenges from groups representing transgender children and their families, citing unconstitutionality.
While 14 states and Washington, D.C., have protective “shield laws” for youth accessing gender-affirming care, some hospital systems in these regions have paused such services due to federal funding threats and executive orders.
