UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Lina M. Khan, Chair 

Rebecca Kelly Slaughter 

Alvaro M. Bedoya 

ORDER APPROVING THE ANTI-DOPING AND MEDICATION CONTROL RULE 

MODIFICATION PROPOSED BY 

THE HORSERACING INTEGRITY AND SAFETY AUTHORITY 

November 22, 2023 

I. Background Information Concerning HISA’s Proposed Modification of AntiDoping and Medication Control Rule 

The Horseracing Integrity and Safety Act of 2020, 15 U.S.C. §§ 3051–3060, recognizes a 

self-regulatory nonprofit organization, the Horseracing Integrity and Safety Authority (“HISA” 

or “the Authority”), which is charged with developing proposed rules on a variety of subjects 

relating to horseracing. See id. § 3053(a). Those proposed rules and subsequent proposed rule 

modifications take effect only if approved by the Federal Trade Commission (“the 

Commission”). See id. § 3053(b)(2). 

On March 27, 2023, the Commission approved the Anti-Doping and Medication Control 

(“ADMC”) Rule proposed by the Authority.0F

1

 On April 27, 2023, the Commission extended the 

effective date of the ADMC Rule until May 22, 2023.1F

2 

1 See Fed. Trade Comm’n, Order Approving the Anti-Doping and Medication Control Rule Proposed by the 

Horseracing Integrity and Safety Authority (Mar. 27, 2023), 

https://www.ftc.gov/system/files/ftc_gov/pdf/P222100CommissionOrderAntiDopingMedication.pdf. 2 See Fed. Trade Comm’n, Final rule; delay of effectiveness (Apr. 27, 2023), 

https://www.ftc.gov/system/files/ftc_gov/pdf/P222100-HISA-extension-of-ADMC-Rules.pdf, 88 Fed. Reg. 27894 

(May 3, 2023). 

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On July 8, 2023, the Authority submitted to the Commission a proposed modification of 

the ADMC Rule to include iron dextran as a banned substance. The Commission published this 

proposed modification of the ADMC Rule in the Federal Register on September 25, 2023.2F

3 

According to the Authority, the designation of “iron dextran and other iron dextran 

containing products as Banned Substances under the ADMC Program” arises from “[t]he risk of 

serious and potentially fatal adverse reactions to iron dextran products, together with its testing 

limitations,” which in turn “presents a risk of misuse and abuse in Covered Horses. Iron dextran 

products have Food and Drug Administration . . . approval only for the treatment and prevention 

of iron-deficiency anemia in swine,” yet “[i]ron and other blood-building supplements 

nonetheless are often administered to horses to maximize red blood cell count, with the belief 

that they will improve energy, stamina, and athletic performance.”3F

4 Despite this belief, the 

Authority determined that “the documented health risk of iron dextran to Covered Horses 

warrants its designation as a Banned Substance under the ADMC Program.”4F

5 

II. Discussion of Public Comment 

In the only public comment submitted in response to the Authority’s proposal to modify 

the ADMC Rule by adding iron dextran to the list of banned substances, the commenter stated: 

“I am in support of adding this drug/medication to the banned substance list. If approved, like 

any change, there needs to be an adequate leng[th] of time once approved, to be communicated 

with the Thoroughbred Racing Community so that there is no mis-communications and foul ups 

like we have seen in the past.”5F

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3 88 Fed. Reg. 65683 (Sept. 25, 2023). 4 Id. at 65685. 5 Id. The Authority further noted that “[i]ron dextran carries an increased risk of anaphylaxis and death in 

Thoroughbred racehorses,” and provided examples of such risks as well as actions by certain racetracks to ban 

possession of such substances. Id. 6 Cmt. of Jim Roberts, FTC-2023-0061-0002. 

2 
 

 

 

III. Conclusion 

In the Commission’s view, the Authority has provided a persuasive rationale for 

adding iron dextran to the list of banned substances under the ADMC Rule, based on 

documented risks to the safety and welfare of racehorses.6F

7 Moreover, the sole public 

comment on the Authority’s proposal voiced support for the prohibition of iron dextran. 

The Commission therefore finds that the proposed modification to the ADMC Rule to 

include iron dextran as a banned substance is consistent with the Act and with the 

Commission’s procedural rules, see 15 U.S.C. § 3053(c)(2). Accordingly, by this Order, the 

Commission approves the proposed rule modification. 

For the foregoing reasons, the Authority’s proposed modification to the ADMC Rule 

to include iron dextran as a banned substance is APPROVED. 

7 For more information about the documentation supporting the Authority’s proposal to ban iron dextran, see the 

exhibits attached to the Authority’s original proposal, cited at 88 Fed. Reg. 65684 n. 6 and available at 

https://www.regulations.gov. 

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