USTA statement on FTC approval of HISA

Columbus, OH — The United States Trotting Association (USTA) released the following statement regarding today’s (March 27) decision by the Federal Trade Commission (FTC) to approve the Horseracing Integrity and Safety Authority’s (Authority) Anti-Doping and Medication Control (ADMC) rules.

“In approving the rules, the FTC has shown, once again, that it is nothing but a rubber stamp for the Authority,” stated Russell Williams, USTA president. “That is why we are in the process of appealing the decision from the Sixth Circuit Court of Appeals. We are confident that our legal arguments will win the day, and HISA will be ruled unconstitutional.”

Timeline:

On Oct. 13, 2022, the Authority submitted to the FTC its proposed ADMC rules. On Nov. 18, 2022, a three-judge panel of the U.S. Fifth Circuit Court of Appeals unanimously ruled HISA unconstitutional. The court found that HISA violated the private non-delegation doctrine because the Act gave the FTC insufficient oversight over a private corporation that was tasked with regulating the industry.

Shortly after, on Dec. 12, 2022, the FTC disapproved of the proposed rules, citing legal uncertainty and a lack of uniformity throughout the U.S. due to the Fifth Circuit ruling. On Dec. 29, 2022, HISA was amended by Congress in a failed effort to “fix” the constitutional defects.

In early January 2023, the Authority resubmitted the exact same rules for approval by the FTC. On March 3, 2023, the U.S. Sixth Circuit Court of Appeals ruled against the Fifth Circuit’s decision and found that HISA was constitutional. Today, the FTC approved the ADMC rules with no new notice and comment period and no changes whatsoever.

From the USTA