Medical Groups Sue FTC Over Probe Into Gender Dysphoria Treatments

The investigation is unconstitutional, the groups allege.

The Federal Trade Commission (FTC) in Washington on Aug. 6, 2024. Madalina Vasiliu/The Epoch Times

Two medical groups on Feb. 17 sued the federal government over its probe into the organizations’ recommendations for children with gender dysphoria, or the belief that they are a different gender.

The American Academy of Pediatrics and the Endocrine Society said in separate lawsuits filed in federal court in the District of Columbia that the Federal Trade Commission (FTC) is unconstitutionally targeting the groups over their speech.

“Using the threat of investigation or prosecution against an organization in order to silence speech the government does not like is retaliation, prohibited by the First Amendment to the U.S. Constitution,” the American Academy of Pediatrics, which says it represents 67,000 pediatricians, said in its lawsuit. “Moreover, issuing an overbroad subpoena as a tool to compel disclosures in such a retaliatory action violates the Fourth Amendment.”

The academy said in a 2018 statement, reaffirmed in 2023, that pediatricians could give drugs such as puberty blockers to children who identify as a gender different from their birth sex.

FTC officials in a civil demand in January requested details on how the academy came up with the position, as well as each type of pediatric gender dysphoria treatment the academy had advertised or promoted, and whether there were any financial relationships between the organization and companies or doctors that treat gender dysphoria.

Officials demanded similar information from the Endocrine Society, a nonprofit that promotes hormone science research and says it has 18,000 members.

The society in 2017 said that people who have gender dysphoria or gender incongruence need “a safe and effective hormone regimen that will (1) suppress endogenous sex hormone secretion determined by the person’s genetic/gonadal sex and (2) maintain sex hormone levels within the normal range for the person’s affirmed gender.”

FTC officials said in the demand letters that they are investigating whether false or unsubstantiated representations were made concerning the marketing and advertising of treatments for pediatric gender dysphoria. Federal law prohibits people from engaging in deceptive practices affecting commerce and disseminating false advertisements.

The probe targets the Endocrine Society over speech that “reflects pure scientific opinion,” the society said in its legal challenge. If allowed to proceed, the investigation would “endanger the ability of organizations to share information and opinion on any issue, be that vaccine safety and efficacy, environmental health risks, emerging infectious diseases, or gender dysphoria,” it added later.

The groups want judges to declare that the civil demands violated the First Amendment. Judges should immediately and permanently bar FTC officials from taking action against the groups over their treatment guidelines and any other statements concerning “gender affirming care,” the groups also said.

The Epoch Times reached out to the FTC for comment but did not receive a response by the time of publication.