FTC investigating gender affirmation care providers for possible deceptive practices and false advertising by failing to disclose associated risks

The Federal Trade Commission (FTC) announced Monday that a public investigation will be conducted to assess whether gender-affirming health care providers are violating federal consumer protection laws, with a particular focus on care for minors.

According to a press release from the FTC, the investigation seeks to determine whether these providers have engaged in deceptive trade practices or false advertising by failing to adequately disclose the risks associated with gender-affirming treatments or by making unsubstantiated claims about their benefits or efficacy.

The FTC has opened a 60-day period to receive public comments, soliciting responses to four questions related to consumers' experiences with gender-affirming care and the professionals who administer it. Although the request does not specify an exact age range, the agency expressed particular interest in the care provided to minors.

Controversy

Some medical organizations, such as the American Medical Association (AMA) and the American Academy of Pediatrics (AAP), have endorsed this care, calling it medically necessary and potentially life-saving for transgender adults and minors.

However, the Administration of President Donald Trump signed an  executive order in January seeking to limit federal support for transitional care for minors under the age of 19 to protect minors, describing it as a “dangerous trend” that “will be a stain on our Nation’s history.” It has also urged Congress to enact legislation permanently banning such care for minors.

Department of Justice’s Actions

The FTC's announcement follows a series of subpoenas issued by the Department of Justice (DOJ) in early July. According to Chad Mizelle, DOJ chief of staff, more than 20 subpoenas were sent to doctors and clinics involved in transgender medical procedures on minors as part of investigations into possible health care fraud and false statements, according to reports from The Hill.

In addition, the DOJ has also issued subpoenas to manufacturers of drugs used in trans-related medical interventions, investigating possible violations of the Food, Drug and Cosmetic Act.

An FTC workshop with testimony on the dangers

Earlier this month, the FTC hosted a workshop in Washington titled "The Dangers of 'Gender Affirming Care' for Minors." This event featured testimonials from doctors, advocates and people who have "stopped being transgender." According to the FTC, these testimonials suggested that some providers may be actively misleading consumers.