FTC Seeks Public Input on Deception in Gender-Affirming Care

Federal Trade Commission Launches Inquiry into Gender-Affirming Care Claims

The Federal Trade Commission (FTC) has initiated a public inquiry aimed at understanding the potential harms consumers may have faced due to "false or unsupported claims" regarding gender-affirming care. This move comes as part of an ongoing effort to investigate whether such practices involve "unfair or deceptive trade practices," particularly when it involves minors.

In a recent press release, the FTC called for public comments on any issues or concerns related to these alleged practices. The language used in the release, including the use of quotation marks around the term "gender-affirming care," suggests that the agency does not recognize the legitimacy of this form of medical treatment. This approach has raised concerns within the LGBTQ+ community and its allies.

Insights from a Workshop on Gender-Affirming Care

The FTC's inquiry is tied to a workshop held on July 9, which focused on the "Dangers of 'Gender-Affirming Care' for Minors." During this event, various speakers, including experts, parents, ethicists, and individuals who have detransitioned, shared their perspectives. These participants reportedly indicated that some practitioners of gender-affirming care may be misleading consumers about the risks and benefits associated with these treatments.

Among the notable speakers were Jay Richards, a Senior Research Fellow at the Heritage Foundation—a group known for its conservative policies and involvement in Project 2025—and Jamie Reed, executive director of the LGBT Courage Coalition, an organization that opposes gender-affirming care for minors. Their participation highlights the broader political context surrounding the debate over gender-affirming care.

Administration's Stance on Gender-Affirming Care

The FTC's actions align with the current administration's broader efforts to challenge gender-affirming care. This includes an executive order signed in January that prohibits trans youth and adults under 19 from accessing puberty blockers, hormone therapy, and surgical procedures—referred to in the order as "chemical or surgical mutilation."

The order states that medical professionals are "maiming and sterilizing" children under the guise of gender-affirming care. However, this claim overlooks the long-standing practice of providing gender-affirming care to both cisgender and transgender children, which is supported by most major American medical and psychological associations. It also ignores the fact that gender-affirming surgery is rarely performed on minors, with many young people receiving support through social transitions or reversible puberty blockers.

Legal Developments and Implications

Recent legal developments have further complicated the landscape. In the case of United States v. Skrmetti, the Supreme Court ruled that Tennessee’s ban on gender-affirming care for minors can remain in place. This decision has been used to justify continued attacks on gender-affirming care, including a recent Department of Education order requiring five Virginia school districts to end their trans-inclusive bathroom policies.

These actions underscore the ongoing political and legal battles surrounding gender-affirming care, with significant implications for the rights and well-being of LGBTQ+ youth. As the FTC continues its inquiry, the conversation around the safety, efficacy, and ethical considerations of gender-affirming care remains a critical issue for policymakers, healthcare providers, and the broader community.