FTC Issues Order Ratifying Previous Orders Regarding HISA Rules

January 3, 2023

FTC Press Release

The Federal Trade Commission has issued an order that ratifies its previous orders regarding rules issued by the Horseracing Integrity and Safety Authority.

The Horseracing Integrity and Safety Act, which recognized the Authority, includes a requirement that its rules must be submitted for approval to the FTC. The Act was amended by Congress as part of the Consolidated Appropriations Act, 2023, to resolve the legality of the Horseracing Integrity and Safety Act of 2020, which was called into question by a recent ruling by the U.S. Court of Appeals for the Fifth Circuit in National Horseman’s Benevolent and Protection Association et al. v. Jerry Black et al.

The Commission issued today’s order to avoid any doubt about the force and effect of the horseracing rules that the Commission previously approved, including the Authority’s rules on racetrack safety, enforcement, assessment methodology, and registration.

The Commission vote to approve the order was 3-0-1, with Commissioner Christine S. Wilson abstaining.

Until the HISA MCAD goes into effect all jurisdictions are still under their individual state mandated rules and regulations.

The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about consumer topics and report scams, fraud, and bad business practices online at ReportFraud.ftc.gov. Follow the FTC on social media, read our blogs and subscribe to press releases for the latest FTC news and resources.

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