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Congressmen Still Urging FTC to Block Medication Rules

Five U.S. Senators and five Representatives sent a letter Jan. 25.

U.S. Sen. Chuck Grassley of Iowa

U.S. Sen. Chuck Grassley of Iowa

Courtesy Grassley Senate Gov.

The National Horsemen's Benevolent and Protective Association reported Jan. 26 that five U.S. Senators and five U.S. Representatives have strongly urged the Federal Trade Commission to disapprove the Horseracing Integrity and Safety Authority's recently resubmitted Anti-Doping and medication Control Program rules. The bipartisan group of lawmakers stated that disapproval was necessary to "avoid continued industry-wide confusion and potential inequitable enforcement."

The FTC, which oversees HISA, disapproved those rules Dec. 12 based on legal uncertainty arising from a decision by the U.S. Court of Appeals for the Fifth Circuit, which declared the 2020 act that created HISA unconstitutional.

The Jan. 25 letter to the FTC also strongly encouraged the agency to clarify that the formerly approved racetrack safety rules are unenforceable at this time because of the Fifth Circuit court's ruling. The letter was signed by Sens. Chuck Grassley (R-IA), Joe Manchin (D-WV), Ted Cruz (R-TX), John Kennedy (R-LA), and Joni Ernst (R-IA) and Congressmen Lance Gooden (R-TX), Tom Cole (R-OK), Jake Ellzey (R-TX), Vincente Gonzalez (D-TX), and Andy Biggs (R-AZ).

"I applaud Senator Grassley, Representative Gooden and all their co-signers for asking the FTC to state the obvious: HISA is unconstitutional; therefore, its rules cannot be enforced," said Eric Hamelback, CEO of the National HBPA. "Furthermore, the corporation under HISA is still enforcing the racetrack safety rules, even though, as the congressmen point out, everyone agrees they were submitted and approved in accordance with a law that was ruled unconstitutional."

The ADMC Program is designed to create a centralized testing and results management process and apply uniform penalties for violations consistently across the United States. An omnibus spending bill passed Dec. 29 included language delegating more FTC authority over HISA in order to place it on sounder legal footing. Attorneys for HISA have since asked a federal appeals court panel to set aside its ruling declaring the entity's underlying legislation facially unconstitutional, citing the recent amendment to the law.

HISA CEO Lisa Lazarus said Jan. 5 that the ADMC Program could be initiated by mid-March if upcoming court decisions find HISA constitutional and the FTC accepts the rules.

Dr. Doug Daniels, president and chairman of the National HBPA, called the March timetable for initiating the ADMC "blatantly premature."

"This blatantly premature statement caused immense confusion throughout the horse racing industry, and does not take into account that the Fifth Circuit's opinion has not been overturned nor has the court issued a new opinion," he said. "The FTC cannot be forced into approving the ADMC based on assumptions made from HISA's corporation."

The letter to the FTC encouraging it to disapprove the ADMC rules was supported by Jon Moss, executive director for the Iowa HBPA, and Amy Cook, executive director for the Texas Racing Commission.

"We appreciate Rep. Gooden recognizing the wide-ranging statutory conflict that exists in Texas," said Cook. "It is critical for all stakeholders to continue to send the message that regulatory certainty is paramount and therefore new federal rules should not be adopted while there is ongoing litigation related to HISA's constitutionality."

This press release has been edited for content and style by BloodHorse Staff.