FDA Sends Warning Letters to Makers of Breast Binders
FDA says it has begun enforcement actions against companies illegally marketing breast binders to children, placing the agency’s role at the center of a broader federal crackdown announced by HHS on what it calls sex-rejecting medical procedures for minors. The agency says it is issuing Warning Letters to 12 manufacturers (see the 12/18-dated letters here) and retailers for marketing breast binders to children for the treatment of gender dysphoria, a use the agency says violates federal law. Breast binders are regulated as Class 1 medical devices intended for limited purposes such as post-mastectomy recovery, not for pediatric use tied to gender-related treatment. Commissioner Marty Makary says the agency is prepared to escalate enforcement if the companies do not correct the violations, including through import alerts, product seizures, or court injunctions.
The FDA action was unveiled as part of a sweeping HHS announcement detailing proposed regulatory and enforcement steps across multiple agencies. HHS said the measures are intended to implement an executive order from President Trump directing the department to end what the administration describes as sex-rejecting procedures for children.
Beyond FDA’s Warning Letters, other actions include forthcoming rulemakings from the Centers for Medicare & Medicaid Services to restrict hospital participation in federal programs if they perform certain gender-related interventions on minors. CMS plans to propose barring hospitals from conducting such procedures on patients under 18 as a condition of participation in Medicare and Medicaid, a move that could affect nearly all U.S. hospitals.
HHS Secretary Robert F. Kennedy, Jr. also signed a declaration asserting that these procedures do not meet professionally recognized standards of care, citing an HHS peer-reviewed report. Under the declaration, practitioners performing such procedures on minors would be deemed out of compliance with those standards, the department said.
In addition, HHS highlighted its peer-reviewed report reviewing evidence on pediatric gender dysphoria treatments and a new public health message from the U.S. Public Health Service warning that current evidence does not support claims that puberty blockers, cross-sex hormones, and related surgeries are safe and effective for children.