Fears of Deceptive Practices in Transgender Care

Doctors offering irreversible surgeries and hormone treatments to minors with gender dysphoria might have misled both patients and their families, as noted by Federal Trade Commission (FTC) Chairman Andrew Ferguson.

The FTC was set up to combat “unfair or deceptive” consumer practices. Recently, the agency organized a workshop titled “The Dangers of Gender-Affirming Care for Minors” to gather insights from various stakeholders and assess if families are being duped by the transgender healthcare sector.

Following this workshop, the FTC plans to request public input on transgender medical procedures next week.

When asked if this request could lead to new regulations, Ferguson indicated that taking immediate legal action could be more effective in improving lives. “If people are making false statements, we should sue them,” he explained. He believes that pursuing legal action could be quicker than engaging in lengthy rule-making and litigation processes.

Typically, when a business’s representatives make misleading claims, the FTC holds the entire company accountable.

He stated, “I don’t think we need to approach these rules any differently than we would in other cases.”

The FTC has a rich history of addressing false health claims, according to its leaders. “Many have strong feelings on this topic, but it’s our duty to protect the public from misleading medical claims, just as we would for any other false assertion,” Ferguson emphasized, adding:

“If we ignored these health claims simply because they align with a political ideology, it would be a politicized decision. Our mission today is to make sure that parents and children don’t make life-changing choices based on misinformation regarding the risks and benefits of gender-affirming care.”

Vulnerable individuals, particularly those with serious health issues, are often targets for deceptive health practices, and the FTC is obligated to shield them from misleading health claims, Ferguson remarked.

For a claim to be deemed deceptive, it must mislead consumers, either by making false statements or by omitting critical information. “Additionally, it must likely mislead a reasonable consumer,” he stated, pointing out that specific groups, such as children, require particular attention. The key question is whether such practices might mislead a reasonable individual within that group.

It’s also vital that deceptive practices directly influence a consumer’s decision. If a child or a family would have opted out of puberty blockers had they been aware of the associated risks, the doctor’s omission could be categorized as significant.

“Americans deserve health claims backed by credible scientific evidence,” Ferguson noted. “They have the right to receive all relevant information to make informed decisions about hormone treatments and surgeries.”

Ferguson committed to ensuring that every concerned parent receives the necessary information about the risks tied to transgender medical procedures.

Dr. Miriam Grossman, a psychiatrist from Do No Harm, expressed her belief that the FTC Act prohibits promoting transgender ideology to minors. “When analyzing gender-affirming care, I see numerous instances of fraud throughout its history,” she stated during the FTC discussion.

Prisha Mosely, a 27-year-old who transitioned and later detransitioned, feels misled. “I didn’t grasp what I was giving up when I consented,” she recalled, reflecting on her experience as a minor. “I was too young and didn’t receive accurate medical advice. My consent was taken from me.”

Claire Abernathy shared her experience of starting testosterone and undergoing a double mastectomy at the age of 14. She later faced issues like urinary incontinence and menopause symptoms. After leaving a critique on her surgeon’s website, she found it removed. “The surgeon altered my healthy body when I was still in middle school and then erased my negative comment to protect his image,” Abernathy remarked at a panel. “If that’s not fraud, I don’t know what is.”

“In any other scenario, introducing a medical product with misleading information would certainly be regarded as fraud,” Abernathy, now 20, asserted. “If a pharmaceutical company marketed a drug to children without disclosing its long-term effects, they would be sued.”