FTC

NHBPA Again Goes to Court to Try and Halt May 22 ADMC Launch

With another appeal in the pipeline for its constitutionality lawsuit that is trying to derail theĀ  Horseracing Integrity and Safety Act (HISA), the National Horsemen's Benevolent and Protective Association (NHBPA) has once again asked a federal judge in Texas to grant in injunction that would delay the May 22 implementation of the HISA Authority's Anti-Doping and Medication Control (ADMC) program. The motion for injunction pending appeal was filed on Friday, one day after United States District Court Judge James Wesley Hendrix ruled that the revamped version of HISA that got...

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FTC Confirms May 22 Start Date For HISA's ADMC Program

The Federal Trade Commission (FTC) on Thursday issued what it called a "final rule" that pushes back the start date for the Horseracing Integrity and Safety (HISA) Authority's Anti-Doping and Medication Control (ADMC) program until May 22. The ADMC program had been expected to go into effect May 1 after twice having its start delayed this year. TDN had reported on Apr. 25 that this date change was in the pipeline. The switch was revealed when Tom Chuckas, the director of Thoroughbred horse racing for the Pennsylvania Department of Agriculture,...

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Bill Walmsley, Iowa HBPA File Suit Against FTC Over HISA

Bill Walmsley, Jon Moss, and the Horsemen's Benevolent and Protective Association for Iowa filed suit against the Federal Trade Commission to "stop the illegally constituted Horseracing Integrity and Safety Authority (HISA)" on Thursday, according to a press release from the National HBPA. The case, Bill Walmsley, et. al. v. Federal Trade Commission, was filed in United States District Court for the Eastern District of Arkansas. "Congress cannot outsource regulatory authority to a private organization--unaccountable to the American people--that has the power to create rules, levy fines, and adjudicate disputes," said...

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Judge Orders Gulf Coast vs. HISA Case Transferred To Same Division As NHBPA Suit

An Amarillo Division federal judge in Texas on Thursday ordered the most recently filed lawsuit out of four active nationwide cases all trying to overturn the Horseracing Integrity and Safety Act (HISA) to be transferred to the Lubbock Division that is currently handling the National Horsemen's Benevolent and Protective Association (NHBPA)'s similar and recently remanded complaint. The Apr. 6 order by U.S. District Judge Matthew Kacsmaryk (Northern District of Texas, Amarillo Division) comes more than eight months after the litigation was initiated on July 29, 2022, and just one day...

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FTC Approves HISA's Anti-Doping And Medication Rule

Edited Press Release New and enhanced anti-doping regulations took effect in U.S. Thoroughbred horse racing Monday following the Federal Trade Commission's approval of the Horseracing Integrity and Safety Authority's (HISA) Anti-Doping and Medication Control (ADMC) Program. HISA's ADMC Program, administered by the Horseracing Integrity & Welfare Unit (HIWU), brings all testing and results management under one national authority, standardizes the categories of substances laboratories test for and institutes clear and consistent penalties for violations. In its authority as the independent administrator of the ADMC Program, HIWU is introducing to the...

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HISA Authority Challenges 'Piggyback' Strategy in Amended Louisiana Lawsuit

The recently amended federal lawsuit spearheaded by the state of Louisiana against the Horseracing Integrity and Safety Act (HISA) Authority and the Federal Trade Commission (FTC) is facing a new challenge from the HISA Authority defendants, who filed a Mar. 6 motion to strike the latest version of the complaint based on allegations that the plaintiffs are "improperly" attempting to use federal rules of civil procedure to turn the case to their advantage. The chief beef in the HISA Authority's Mar. 6 "motion to strike" filed in U.S. District Court...

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`Sometimes, Government Works': Sixth Circuit Rules HISA Constitutional

"Sometimes, government works." With those words, the United States Court of Appeals for the Sixth Circuit has upheld the constitutionality of the Horse Racing Integrity and Safety Act (HISA), setting up a potential court battle in the U.S. Supreme Court. In short, the Sixth Circuit has ruled that the language added to the bill at the end of 2022 to address concerns of unconstitutionality were sufficient to alleviate those concerns. The plaintiffs in the Sixth Circuit case were comprised of the state of Louisiana; Oklahoma and its racing commission, plus...

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At 1-Month Mark For Drug Control, HISA Braces Industry For Changes

Four weeks out from the anticipated effective date for the Anti-Doping and Medication Control Program (ADMC), the Authority overseeing the Horseracing Integrity and Safety Act (HISA) is stepping up its awareness campaign so industry participants can be properly prepared for a sweeping change in regulatory protocols. "We are officially on the one-month countdown to what we are confident will be the launch of our ADMC program on Mar. 27," Lisa Lazarus, the chief executive officer for the HISA Authority, said during a Monday video press conference. "Everyone is sort of...

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Lucinda Finley Q&A: “Long Litigation Road Ahead” For HISA

The Congressional amendment to the Horseracing Integrity and Safety Act (HISA) at the end of last year--affording the Federal Trade Commission (FTC) more rule-making governance--has not yielded a pause on the legal maneuverings surrounding the law. Already this year, the Fifth Circuit Court of Appeals denied a motion by the HISA Authority for that court to vacate its recent opinion that HISA is unconstitutional, and instead sent two different cases back down to the district court level. In response, the Texas Racing Commission--which has so far barred the federal law...

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Statement On HISA's Anti-Doping Rules From ARCI

The Association of Racing Commissioners International (ARCI) has formally asked the Federal Trade Commission (FTC) to set aside and temporarily not approve proposed anti-doping and medication control rules proposed by the Horseracing Integrity and Safety Authority (HISA) until the constitutionality of the HISA Act is determined by the Courts. "This has nothing to do with wanting uniform rules or having a central rule-making authority, two things the ARCI supports," said Ed Martin, ARCI President. "This all has to do with avoiding a situation where an enforcement action is overturned because...

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Okay, I Do

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FTC Publishes Resubmitted HISA Anti-Doping and Medication Control Rules

Edited Press Release The Federal Trade Commission (FTC) has published the resubmitted Horseracing Integrity and Safety Authority (HISA) Anti-Doping and Medication Control (ADMC) rules to the Federal Register, initiating a 14-day public comment period, according to a press release from HISA Friday morning. The FTC now has 60 days to approve or deny the proposed rules. HISA's draft ADMC rules were initially rejected by the FTC in late 2022 due to ongoing legal uncertainties. HISA resubmitted the rules for consideration by the FTC to give the agency more authority over...

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