FTC upholds unconstitutional suspension of veteran racehorse trainer

Washington, DC; July 1, 2026: Yesterday, the Federal Trade Commission upheld a two-year suspension against veteran racehorse trainer Philip Serpe, imposed without an independent judge or jury, while removing a $25,000 fine added by a federal administrative law judge. Serpe will continue his federal lawsuit against the FTC and the Horseracing Integrity and Safety Authority (HISA), alleging the administrative proceedings against him are unconstitutional.

“We’re disappointed that the FTC didn’t recognize the constitutional failings in the HISA adjudication system,” said Josh Robbins, an attorney with Pacific Legal Foundation. “We will continue to press those claims in federal court — now with the addition of this unconstitutional outcome — and aim to see Mr. Serpe’s rights vindicated there.”

Serpe, a trainer with more than 40 years in the industry, was charged by the Horseracing Integrity and Welfare Unit (HIWU) after trace amounts of a banned bronchodilator were detected in one of his horses at Saratoga Race Course in 2024. HIWU — a private, nonprofit corporation — acted as his prosecutor and adjudicator. Even as his appeals proceeded, Serpe began serving a two-year suspension that could end his career.

The FTC rejected Serpe’s claim that the entire process violates his Seventh Amendment right to have his case heard by a jury of his peers. Serpe will continue pressing his Seventh Amendment argument and private non-delegation claims in federal court, including now against the FTC’s order.

Pacific Legal Foundation represents Serpe free of charge. The case is Philip Serpe v. Federal Trade Commission.