The investigation is unconstitutional, the groups allege.
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.
