FTC

FTC Affirms Wong Suspension and Fine, Case Heads to Federal Court

The Federal Trade Commission (FTC) has affirmed an earlier Horseracing Integrity and Safety Authority (HISA) arbitration panel ruling against trainer Jonathan Wong, suspending him for two years and fining him $25,000 for a 2023 post-race metformin positive. Metformin is a type 2 diabetes drug that HISA has classified as a banned substance. The next step in the appeals process would be a request for review by the FTC of the FTC administrative law judge's decision, according to a Horseracing Integrity and Safety Unit (HIWU) spokesperson. Wong will instead take the...

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HISA Introduces First-Ever National Concussion Protocol For Jockeys

HISA has introduced U.S. Thoroughbred racing's first-ever recommended national concussion protocol for jockeys, the entity said in a release Thursday morning. Under HISA's Racetrack Safety rules, racetracks are required to implement a concussion protocol for jockeys. HISA's recommended protocol would become mandatory for all racetracks under their jurisdiction, when and if, the FTC approves the proposed changes, which were submitted last month. HISA's national concussion protocol was developed in consultation with leading experts to protect the health and safety of jockeys across the country and brings racing in line with...

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HISA Submits Proposed Enforcement and Registration Rules Changes to FTC

The Horseracing Integrity and Safety Authority (HISA) has submitted proposed changes to its Enforcement Rules (Rule Series 8000) and Registration Rules (Rule Series 9000) to the Federal Trade Commission (FTC) for review. The FTC will subsequently post the proposed rules to the public register for public comment. DOWNLOAD: Redlined proposed changes - Enforcement Rules (Rule Series 8000) DOWNLOAD: Redlined proposed changes - Registration Rules (Rule Series 9000) Until changes to the Enforcement Rules and Registration Rules are approved by the FTC, the previously approved version of the  rules will remain...

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HISA Submits Proposed Racetrack Safety Rule Changes to FTC for Approval

Edited Press Release The Horseracing Integrity and Safety Authority (HISA) has submitted proposed rule changes to its Racetrack Safety Program to the Federal Trade Commission (FTC) for review. A red-lined document noting these proposed changes is available here. The FTC will subsequently post the proposed rules to the public register for public comment. Until changes to the rules are approved by the FTC, the previously approved version of HISA's Racetrack Safety rules, which took effect July 1, 2022, will remain in place. Those rules are available in full on HISA's...

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HBPA: Negotiations Between HISA And Sales Companies Equate To 'Preferential Treatment' For Breeders

Two days after the Horseracing Integrity and Safety Act (HISA) Authority disclosed at a press conference last week that it had initiated discussions with sales companies in an attempt to bring about voluntary compliance with medication policies throughout the lifetimes of Thoroughbreds, the National Horsemen's Benevolent and Protective Association (NHBPA) went on record with a letter filed in the United States Court of Appeals for the Fifth Circuit alleging that those efforts equate to improper rulemaking by the Authority and "preferential treatment" for breeders. The purpose of the HISA Authority's...

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Judge Halts Anti-HISA Suit in Louisiana Pending Outcome of HBPA Case in U.S. Appeals Court

A federal judge has stayed a 14-month-old lawsuit initiated by the states of Louisiana and West Virginia that is trying to wipe out the Horseracing Integrity and Safety Act (HISA) via alleged constitutional violations, ordering the case to be "administratively terminated" until the United States Fifth Circuit Court of Appeals makes a ruling in a separate suit in which the Horsemen's Benevolent and Protective Association (HBPA) is also alleging HISA is unconstitutional. However, U.S. District Court (Western District of Louisiana) Chief Judge Terry Doughty wrote in his Sept. 14 ruling...

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In a First, FTC Overturns HISA Whip Adjudication

In a decision handed down Monday, the Federal Trade Commission (FTC) overturned a decision by Horseracing Integrity and Safety Act (HISA) stewards at Albuquerque Downs Racetrack last September who ruled that jockey Oscar Ceballos had struck his mount, Sheriff Brown (Curlin), in the Downs At Albuquerque H. five more times than the maximum six strikes permitted by HISA. The sanctions imposed by the Albuquerque Downs stewards that day included a fine and suspension for the jockey, and disqualification of the horse's purse earnings. It is understood that this is the...

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HBPA: 'Best Of Both Worlds' For HISA Is 'Worst Of All Worlds' For Horsemen

With oral arguments in the United States Court of Appeals for the Fifth Circuit now five weeks away, the National Horsemen's Benevolent and Protective Association (NHBPA) filed a legal brief Aug. 25 underscoring that the Horseracing Integrity and Safety Act (HISA) Authority unconstitutionally "wants the best of both worlds" by allegedly portraying itself as both a governmental body or a private organization "depending on which suits its interests on any individual argument." "Sometimes [the Authority] wants to be like a government entity, with the power to compel registration, collect mandatory...

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Vets: HISA Puts Them at 'Greater Risk than Other Covered Persons'

The North American Association of Racetrack Veterinarians (NAARV) is arguing for the United States Court of Appeals for the Fifth Circuit to overturn the Horseracing Integrity and Safety Act (HISA) on constitutional grounds because the law allegedly "places the racetrack veterinarians at a greater risk than other covered persons" from a due process standpoint. Chief among the assertions made by the NAARV in a 51-page "friend of the court" brief filed July 14 are that "initial findings of wrongdoing by a member of NAARV, pursuant to HISA, result in a...

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FTC: Latest Anti-HISA Suit Doesn't Come 'Within a Furlong' of Demonstrating Harms

The Arkansas-based lawsuit filed six weeks ago that is the most recent among five separate federal complaints attempting to derail the Horseracing Integrity and Safety Act (HISA) via alleged constitutionality claims was broadly rebuffed Monday in separate legal filings by the defendants in the case, who are executives with the HISA Authority and the Federal Trade Commission (FTC). The plaintiffs, led by Bill Walmsley, president of the Arkansas Horsemen's Benevolent and Protective Association (HBPA), and Jon Moss, the executive director of the Iowa HBPA, had asked a judge in United...

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HISA, FTC Link Grim Headlines to HBPA's Desire for 'Status Quo'

In two separate court filings Thursday, the Horseracing Integrity and Safety Act (HISA) Authority and the Federal Trade Commission (FTC) both sharply criticized the National Horsemen's Benevolent and Protective Association (NHBPA)'s decision to seek an injunction that would delay the May 22 implementation of the Anti-Doping and Medication Control (ADMC) program. What stood out was that neither the HISA Authority nor the FTC shied from trying to link the NHBPA's desire to maintain the "status quo" to the grim headlines that have dominated the sport over the past week. "Seven...

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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 the  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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