FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 1 of 104 • PUBLIC•

Agency decision

Ask Donna

What actually matters in this document.

Text

PUBLIC

Cooley

Heather Sawyer

T: +1 202 776 2030

hsawyer@cooley.com

February 10, 2026

Via: Email and Hand Delivery

April J. Tabor

Secretary

Office of the Secretary

Federal Trade Commission

600 Pennsylvania Avenue, NW

Washington, DC 20580

atabor@ftc.gov

Re:

FTCMatterNo.P264800

Dear Madam Secretary:

Pursuant to 16 C. F .R. § 2.10 and § 4.2, enclosed please find the Endocrine Society's Petition to Quash or

Limit the United States Federal Trade Commission's Civil Investigative Demand dated January 15, 2026,

in the above-referenced matter.

Enclosures

CC:

Via Email

Office of the Secretary

Jonathan Cohen

Gregory Ashe

Annie Chiang

Jennie Hitchcock

Hans Clausen

Via Hand Delivery

Office of the Secretary

Cooley LLP

1299 Pennsylvania Avenue NW Suite 700 Washington, DC 20004-2400

t. +1 202 842 7800 r +1 202 842 7899 cooley.com

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 2 of 104 • PUBLIC•

PUBLIC

BEFORE THE UNITED STATES

FEDERAL TRADE COMMISSION

In the Matter of

The Civil Investigative Demand dated January

15, 2026, to The Endocrine Society

FTC Matter No.: P264800

PETITION TO QUASH OR LIMIT CIVIL INVESTIGATIVE DEMAND

Pursuant to 16 C.F.R. § 2.1 0(a), Petitioner the Endocrine Society hereby respectfully

requests that the United States Federal Trade Commission (" FTC" or " Commission") quash the

Civil Investigative Demand dated January 16, 2026 (the "CID", attached as Exhibit 1). The CID

shou ld be quashed in its entirety or, at minimum, substantially narrowed because it exceeds the

Commission 's authority; violates the Endocrine Society 's constitutional rights; and is overly

broad, unduly burdensome, vague, and ambiguous.

BACKGROUND AND PROCEDURAL HISTORY

The Endocrine Society is a 501(c)(3) nonprofit that was founded in 19 16. It is the largest

and most active organization in the world devoted to the study of honnones and clinical practice

in endocrinology. The Endocrine Society's mission is to advance excellence in endocrinology by

promoting scientific discovery, medical practice, and human health. It pursues that mission by

publishing peer-reviewed journals, hosting forums for the exchange of clinical and scientific

information, and supporting its membership--over 18,000 clinicians, researchers, and scientistsat all stages of their professional development.

The organization's flagship journal,

Endocrinology, has been published since 19 17, and since the journal's inception it has been the

forum for foundational advances in the understanding of endocrine science. The Endocrine

Society also publishes dozens of clinical practice guidelines for treatment of endocrine disorders,

scientific statements, and position statements concerning endocrinology in the public sphere.

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 3 of 104 • PUBLIC•

PUBLIC

Among those is a guideline entitled Endocrine Treatment of Gender-Dysphoric/Gender-

Jncongruent Persons, which was last published in 2017 (the "Guidelines"), 1 and a position

statement published in 2020, entitled Transgender Health (the "Position Statement"). 2

The Endocrine Society received the CID on January 20, 2026. The CID says that the

" purpose" of the Commission's investigation is "to determine whether [the Endocrine Society] or

any other Person, . . . have made, or assisted others in making, false or unsubstantiated

representations or engaged in unfair practices in connection with the marketing and advertising of

Pediatric Gender Dysphoria Treatment."

CID I.

The CID notes that "according to the

Organization," such treatments "purport[)" to treat minors with gender dysphoria. Id. The CID

makes dozens of sweeping requests for documents, information, and communications from every

employee, officer, and "affiliate[]" of the Endocrine Society. CID 8.

The Endocrine Society initiated the meet and confer process on January 27, 2026; met with

Commission staff on January 30, 2026; exchanged email correspondence with Commission staff

on February 3, 2026, and February 4, 2026; met again on February 5, 2026 ; and corresponded by

email and letter on February 6, 2026, and February 9, 2026. During that process, the Endocrine

Society raised all of the issues discussed in this Petition. See 16 C.F.R. § 2.I0(a)(2).

ARGUMENT

The Commission should quash the CID in its entirety for three independent but interrelated

reasons. First, the CID exceeds the Commission 's authority. Second, the CID is unconstitutional

Wylie C. Hembree et al., Endocrine Treatment of Gender-Dysphoric/Gender-Jncongruent

Persons: An Endocrine Society Clinal Practice Guideline, 102 J. Clinical Endocrinology &

Metabolism 3869 (Sept. 13, 2017), https://academic.oup.com/ jcem/article/ 102/ l 1/3869/4157558

[https://penna.cc/9CSM-2KX C].

Endocrine

Society,

Transgender

Health Position Statement (Dec. 2020),

https ://www .endocrine.org/-/med ia/endocrine/fi les/advocacy/positionstatement/posi tion statement transgender health pes.pdf [https://perma.cc/8PMD-2U9P).

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 4 of 104 • PUBLIC•

PUBLIC

under the First and Fourth Amendments of the U.S. Constitution. And third, the CID is overly

broad and unduly burdensome.

The CID is ultra vires because the Commission cannot regulate nonprofits such as the

Endocrine Society or investigate non-commercial statements of scientific opinion.

A subpoena issued by a federal agency is proper only where "the inquiry is within the

authority of the agency, the demand is not too indefinite and the information sought is reasonably

relevant." United States v. Morton Salt Co., 338 U.S. 632, 652 (1950). Investigatory subpoenas

are therefore unenforceable " when there is 'a patent lack of jurisdiction' in an agency to regulate

or investigate." FTC v. Ken Roberts Co., 276 F.3d 583, 587 (D.C. Cir. 2001). In this case, there

is a "patent lack ofjurisdiction." The Commission's authority to issue a CID is limited to instances

where it has "reason to believe" that a "natural person" or " legal entity" is " in possession, custody,

or control of any documentary material ... relevant to unfair or deceptive acts or practices in or

affecting commerce."

15 U.S .C. § 57b-l(a)(6), (c)(I). As explained below, the CID plainly

exceeds the Commission's authority.

The Commission lacks enforcement jurisdiction over the Endocrine Society.

First, no statement by the Endocrine Society could render it liable under the FTC Act.

Under § 5 of the FTC Act, the Commission's enforcement authority extends only to "person[s],

partnership[s], or corporation[s]." 15 U.S.C. § 45(m)( I )(A). Section 4 defines a "corporation" to

include "any company ... which is organized to carry on business for its own profit or that of its

members." 15 U.S.C. § 44. The Commission has never disputed that it lacks the authority to sue

true charitable nonprofit corporations under those provisions. See, e.g., Non-Compete Clause

Rule, 89 Fed. Reg. 38342, 38357 (May 7, 2024); see also FTC v. Grand Canyon Educ., Inc. , 745

F. Supp. 3d 803, 825-26 (D. Ariz. 2024) (dismissing the Commission's claims against nonprofit

corporation).

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 5 of 104 •PUBLIC •

PUBLIC

"The Commission applies a two-part test to determine whether a corporation is organized

for profit and thus within the Commission's jurisdiction." 89 Fed. Reg. at 38357. Under that test,

the Commission considers (I) whether there is "an adequate nexus between an organization's

activities and its alleged public purposes," and (2) whether the organization's "net proceeds [are]

properly devoted to recognized public, rather than private, interests." Id. (quoting In re Coll.

Football Ass 'n, 117 F.T.C. 971, 998 (1994)). The Commission also considers an organization's

classification under the tax code and " tax-exempt status" in determining whether the organization

falls within its jurisdiction. Id. (quoting In re Am. Med. Ass 'n, 94 F.T.C. 701, 1979 WL 199033,

at *221 (Oct. 12, 1979)).

The Endocrine Society meets these criteria. It is organized as a 50l(c)(3) nonprofit, and it

has had tax-exempt status since it was first incorporated in 1918. See Revenue Act of 1913, ch.

16, § II(G)(a), 38 Stat. 114, 172 (1913) (exempting organizations "operated exclusively for

religious, charitable, scientific, or educational purposes"); Exhibit 4 (the Endocrine Society's

original articles of incorporation describing its purpose as promoting "scientific research,"

"diffus[ing] information" by " lecture," and publishing on "scientific subjects"). That distinguishes

the Endocrine Society from other nonprofit medical organizations over which the Commission has

previously exercised jurisdiction. See, e.g., Am. Med. Ass 'n, 1979 WL 199033, at *221 (stating

that the Commission has jurisdiction over the American Medical Association in part because the

AMA's " inability to qualify under§ 50l(c)(3) ... means that the IRS docs not consider [it] to be

organized and operated 'exclusively' for charitable goals").

The Endocrine Society also satisfies both prongs of the functional test the Commission

applies to determine whether an entity is a true nonprofit: its activities and funding are both

properly devoted to its charitable public purposes. Since its founding, the Endocrine Society's

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 6 of 104 • PUBLIC•

PUBLIC

only "object" has been to "broaden knowledge in [the] field" of endocrinology. 3 The Endocrine

Society 's current articles of incorporation similarly describe it as "organized and operated

exclusively for educational and scientific purposes."

Exhibit 5.

The Endocrine Society's

activities- publishing medical journals, guidelines, and statements; hosting forums for the

exchange of clinical and scientific knowledge; and generally supporting its members in advancing

the field of endocrinology- serve those purposes. Declaration of the Endocrine Society in Support

of Petition to Quash the Civil Investigative Demand ("Becker Deel.") 16. None of the Endocrine

Society's activities is directed at generating a profit for itself. Nor docs the Endocrine Society

assist the profitability of any of its members beyond aiding them in being successful as clinicians,

scientists, and researchers for the public good.

Publicly available documents also show that the Endocrine Society 's net proceeds are

devoted to recognized public interests. As a preliminary matter, a significant portion of the

Endocrine Society's income comes from grants and donations, and the majority of the individuals

who work with the organization are volunteers, not paid employees. Becker Deel. 19. The

Endocrine Society's revenue comes predominantly from sales of its peer-reviewed journals,

membership dues, and attendance fees for its educational programs. Id. The Endocrine Society's

expenses are also directed towards its advancement of public interests: they are largely devoted to

organizing and hosting educational programs and publishing its journals. Id. None of those

activities diverges from the Endocrine Society's stated purpose: aiding the community of

endocrinologists who comprise its membership to accelerate scientific breakthroughs and improve

health worldwide.

Id. 1 4.

Because the Endocrine Society is a true charitable, nonprofit

3 The Association for the Study of Internal Secretions, 5 Endocrinology I, at 1 (Jan.-Mar. 1920),

https://academ ic.oup.com/endo/issue-pdf/5/1 /1 I 048878 [https://perma.cc/YYR8-6D5 5].

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 7 of 104 • PUBLIC•

PUBLIC

corporation by every standard the Commission employs to determine its own jurisdiction, the

Commission lacks the authority to enforce the FTC Act against the Endocrine Society.

The CID is not reasonably relevant to an investigation into any violations of

Sections 45 and 52.

The Commission also cannot justify the CID as relevant to any investigation into the

Endocrine Society or a third party within the ambit of 15 U.S.C. §§ 45 or 52. CID 1. It is apparent

on the face of the CID that it is not reasonably relevant to any legitimate investigation of a violation

of those statutes.

A CID is not enforceable if the "subject matter of the investigation" that the CID identifies

is not "within the statutory jurisdiction of the [CID]-issuing agency." Fed. Election Comm 'n v.

Machinists Non-Partisan Pol. League, 655 F.2d 380, 386 (D.C. Cir. 198 I). Section 45 concerns

"[u]nfair methods of competition" and " unfair or deceptive acts or practices in or affecting

commerce."

15 U.S.C. § 45(a)(I). And section 52 concerns the "dissemination" of " false

advertisement[s]." I 5 U.S.C. § 52(a), (b). The authorizing resolutions the Commission is acting

under are similarly constrained: they limit the Commission to investigating "acts or practices in or

affecting commerce." CID 17- I 8. Any broader interpretation would result in the resolutions'

exceeding both the Commission's statutory and constitutional authority. See United States v.

Philip Morris USA, 3 I 6 F. Supp. 2d 19, 26 (D.D.C. 2004) ("[W]hether an activity falls within

Congress' purview is contingent upon whether that activity constitutes "commerce'' within the

scope of the Commerce Clause.").

In the CID, the Commission asserts that it is investigating "representations" and " practices

in connection with the marketing and advertising of Pediatric Gender Dysphoria Treatment." CID

I. But the information and documents sought by the CID are not relevant to any such investigation.

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 8 of 104 • PUBLIC•

PUBLIC

In addition to its being outside the enforcement jurisdiction of the Commission, the

Endocrine Society does not " market" or "advertise" any treatments, so there are no statements by

the Endocrine Society that could fall within sections 45 or 52 's scope. During the January 30,

2026 conference, Commission staff asserted that a statement by a medical organization that a

treatment was safe or effective could, if the statement were used by practitioners in suggesting that

treatment to patients, potentially create liability for that medical organization under the FTC Act

and, at a minimum, would justify a CID like this one, which seeks a staggering array of information

that falls squarely within the protection of the First Amendment. That extraordinary assertion has

no basis in, and is contrary to, established law.

The Endocrine Society publishes dozens of clinical practice guidelines that it provides free

of charge as a public service on its website. 4 Those guidelines contain disclaimers that state that

they "should not be considered inclusive of all proper approaches or methods," that they "cannot

guarantee any specific outcome" and do not " establish a standard of care," and that they "are not

intended to dictate the treatment of a particular patient." 5 Similar guidelines are published by

hundreds of other medical organizations around the world, including the American Heart

Association, 6 the Infectious Di seases Society of America,7 and the American Academy of

See Endocrine Society, Clinical Practice Guidelines, https://www.endocrine.org/clinicalpractice-guidelines [https://perma.cc/PET5-PJCD] (last visited Feb. 9, 2026).

5 See Hembree, supra note 1, at 3895.

See

American

Heart

Association,

Recent

Guidelines

Statements,

https://professional.heart.org/en/guidelines-statements

[https://perma.cc/M93B-5CBX] (last

visited Feb. 9, 2026).

See

Infectious

Diseases

Society

America,

Practice

Guidelines,

https://www.idsociety.org/practice-guideline/practice-guidelines/#/+/O/date na dt/desc/

[https://perma.cc/F63F-G3FC] (last visited Feb. 9, 2026).

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 9 of 104 • PUBLIC•

PUBLIC

Pediatrics. 8 Clinicians routinely use those guidelines in discussing treatment options with patients.

In the Commission's apparent view, however, every medical opinion in any of those guidelines

could expose the medical organization itself to liability and bring the organization within the

FTC's investigatory ambit. On this view, the Commission could use unfettered investigatory

authority to burden and chill the right of nonprofit medical organizations to formulate and express

their views; furthermore, it could ultimately seek to enjoin the publication of any medical opinion

or recommendation it disagreed with.

But the Commission is not authorized to regulate medical opinion or practice in the United

States, through either its enforcement or its investigative power; in fact, "direct control of medical

practice in the states is beyond the power of the federal government." Linder v. United States, 268

U.S. 5, 18 (I 925); see also Tex. Med. Providers Performing Abortion Servs. v. Lakey, 667 F.3d

570,579 (5th Cir. 2012) ("[F]ederal courts are not the repository for regulation of the practice of

medicine."). Congress did not grant the Commission the authority to veto medical guidance

published by nonprofit medical organizations, as there is nothing in the FTC Act that hints at that

power. And federal courts have repeatedly recognized that holding entities liable for scientific or

medical opinions published in a non-commercial context would raise significant First Amendment

concerns. See ONY, Inc. v. Cornerstone Therapeutics, Inc., 720 F.3d 490, 498 (2d Cir. 2013);

Lavine v. Am. A cad. of Pediatrics Inc., 2024 WL 2796575, at *7 (D.N.J. May 31, 2024); Torrey v.

Infectious Diseases Soc y ofAm., 86 F.4th 701, 707 (5th Cir. 2023).

Notably, the Commission has not previously asserted-and no court has ever approvedthe Commission's expansive and unprecedented new interpretation of the FTC Act. Although the

See

American

Academy

Pediatrics

Clinical

https://publications.aap.org/collection/523/Clinical-PracticeGuidelines?autologincheck=redirected (last visited Feb. 9, 2026).

Practice

Guidelines,

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 10 of 104 •PUBLIC•

PUBLIC

Commission has sued medical organizations before, the suits have always concerned commercial

activity, like limitations on member advertising and solicitation, see, e.g. , Cai. Dental Ass 'n v.

FTC, 526 U.S. 756 (1999); Am. Med. Ass 'n v. FTC, 638 F.2d 443 (2d Cir. 1980), limitations on

submissions to insurance companies, see, e.g. , FTC v. lnd. Fed 'n ofDentists, 476 U.S. 447 (1986),

mergers or acquisitions of hospitals or clinical practices, see, e.g., Saint Alphonsus Med. Ctr.-

Nampa Inc. v. St. Luke 's Health Sys., Ltd., 778 F.3d 775 (9th Cir. 2015), or the advertising of

treatments by for-profit entities or professional associations, see, e.g. , FTC v. Peyroux, 723 F.

Supp. 3d 1209 (N.D. Ga. 2024).

Those cases are nothing like this one: the Endocrine Society does not "provid[e] ... clinics

with marketing campaigns" or " magazine ads," or "sample sales agreements." Id. at 1245. And

the FTC 's "authority does not allow [it] to ban [speech] just because someone might use [it] for

false advertising." 9 For that reason, the Commission has never before tried to regulate any of the

thousands of statements of medical opinion published in clinical guidelines by charitable nonprofit organizations, nor could it.

Nor is the requested information relevant to any investigation of whether "any other

Person" possibly violated sections 45 or 52. CJD 1. The focus of the Commission' s investigation

is apparent on the CID's face. The CID requests nearly every piece of information imaginable

about the Endocrine Society' s publication of the Guidelines and the Position Statement and any

statements it has ever made about gender affirming care for children. CID 5-7. But nothing about

how the Endocrine Society developed or substantiated those publications could transfonn them

Andrew N. Ferguson, Staying in Our Lane: Resisting the Temptation of Using Consumer

Protection Law to Solve Other Problems at 2, Prepared Remarks at the 2024 International

Consumer Protection and Enforcement Network (ICPEN) Fall Conference, Washington, D.C.

(Sept. 27, 2024), https://www.ftc.gov/system/ files/ftc gov/pdf/9.27.2024-Ferguson-lCPENRemarks.pdf [https://perma.cc/6TJE-HTWS].

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 11 of 104 • PUBLIC•

PUBLIC

into advertisements by a regulable third party. To the extent that the Commission's goal is to

evaluate the Endocrine Society's substantiation itself, that is publicly available through the 200

plus academic citations in the Guidelines and the public-facing GRADE process the Endocrine

Society employed to develop them. 10

Instead, the CID makes clear that the Commission 's focus in issuing the CJD is determining

who helped the Endocrine Society form and publish its noncommercial scientific opinion about

the efficacy of gender affirming care for minors and how they did so. But, as explained below,

requiring the Endocrine Society to divulge that information- to the extent it is not already

public- would burden the Endocrine Society's First and Fourth Amendment rights, not least

because it seeks to compel the Society into "disprov[ing]" its own sincerely held, scientifically

grounded opinion. CID 7; Hurley v. Irish-Am. Gay, Lesbian & Bisexual Grp. of Bos., 515 U.S.

557, 573 (1995) (government "may not compel affirmance of a belief with which the speaker

disagrees"). Nor is there anything in that information that could plausibly implicate the FTC Act.

Because the Commission's putative justification is pretextual, the CID exceeds its authority. See

Ken Roberts, 276 F.3d at 586.

II.

The CID Is Overbroad and Unduly Burdensome

Because the Commission 's "[s]ubpoena enforcement power is not limitless," id., a CID

must be reasonable in "the nature, purposes and scope of the inquiry," Okla. Press Publ'g Co. v.

Walling, 327 U.S. 186, 209 (1946). Courts wi ll not enforce a CID where, as here, it " is unduly

burdensome or unreasonably broad." FTC v. Texaco, Inc., 555 F.2d 862, 882 (D.C. Cir. 1977).

10 See Endocrine Society Guideline Methodology, Endocrine Soc'y, https://www.endocrine.org/-

/media/endocrine/files/cpg/methodology-pagerefresh/endocrine society guideline methodology links.pd[ [https://penna.cc/5M7V-FWVS].

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 12 of 104 •PUBLIC •

PUBLIC

Most of the CID's provisions fail that test.

The burdens it imposes therefore provide an

independent basis to quash the CID or, at minimum, substantially narrow it. Id.

First, the CID's definitions are themselves overly broad. For example:

•

A "Communication" is defined to mean "the transmittal of information by any means,"

without limitation based on medium.

•

The "Covered Statement[s]" the CID focuses on include any "representations, whether

express or implied" that any " medical intervention[s]" of any type "which ... purport[] to

treat gender dysphoric ... minors" "are safe," "proven effective," "supported by evidencebased science," "improve mental health," "reduce the incidence of suicide," "are fully or

partly reversible," or "have few side effects."

•

A "Document" is defined to include any "drafts or prior versions;" "notations on the copy;"

"copies of all hyperlinked materials;" all forms of electronic messaging, such as texts or

instant messages; and any " information" "on all devices (including employee-owned

devices) used for Organization-related activity."

•

The terms "Organization," "You," and "Your" are defined to include "other persons

working for or on behalf of' an extensive list of entities or individuals with potential ties

to the Endocrine Society.

See CJD 8. By incorporating those definitions into its requests, the CID makes nearly limitless

requests for documents and info rmation, often in ways that directly implicate the Endocrine

Society's First Amendment rights. For example:

•

Interrogatory 6 would require the Endocrine Society to disclose anyone "to whom .. . [it]

disseminated" any "materials concerning" gender affi rming care for minors and "for what

purpose" those materials "were disseminated."

•

Interrogatory 7 would require the Endocrine Society to disclose every instance in which it

or any of its " officers, members, [or] employees" made any statement in any medium that

"express or implied," "represent[s]" that gender affirming care for minors is safe or

effective.

•

Interrogatory 8 would require the Endocrine Society to disclose "every individual or entity

that participated in development and issuance" of the Guidelines or the Position

Statements.

•

Interrogatory 12 would require the Endocrine Society to provide " Your views" (whatever

that might mean) regarding whether the Covered Statements are "substantiated," and the

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 13 of 104 • PUBLIC•

PUBLIC

reasoning therefore, and defines " Your" to include an expansive group of entities

associated with the Endocrine Society.

•

Interrogatory I 3 would require the Endocrine Society to disclose each "natural person,

organization, or other legal entity" that played any role in "developing, reviewing, or

evaluating substantiation" for any statement the Endocrine Society or its employees ever

made in any medium that represented, "express or implied," that gender affirming care for

minors is safe or effective. Among other things, inclusion of a subjective assessment as to

when a representation might be implied (an assessment that could require identification

and review of documents not easily identifiable through search terms and is highly

dependent on context and knowledge) makes the request impossibly vague, ambiguous,

and unduly burdensome.

•

Document Requests 1-3 would require the Endocrine Society to produce any " Document,"

which includes "chats, instant messages, text messages, direct messages, information

stored on or sent through social media accounts or messaging or other applications•· and

even any "information on [any] devicef) (including employee-owned devices) used for

Organization-related activity," if it (1) relates to substantiation for (or, perversely,

"disproves") any statements made by the Endocrine Society or any of its employees or

members that represents that gender affirming care is safe or effective, (2) relates to any

"study" that the Endocrine Society or any of its employees or members ever "sponsored,

conducted, or contributed to" that " involved" gender affirming care for minors.

•

Document Requests 4 and 5 would require the Endocrine Society to produce any

" Documents"- again including electronic messaging or information on any device used

for " Organization-related activity"-related to communications with any "organizations,

institutions, or individuals" regarding the Guidelines or Position Statement.

•

Document Request 7 would require the Endocrine Society to produce any non-publicly

available documents that it, its employees, or its affiliates " provided to any legislature or

regulator" that "related to" gender affirming care for minors.

•

Document Request 8 would require the Endocrine Society to produce attendance sheets for

any "workshop, townhall or other formal or informal session, or conference" "hosted or

organized" by the Endocrine Society or any of its employees or members that was " related

in any way" to gender affirming care for minors.

•

Document Request 9 would require the Endocrine Society to produce any documents that

were "d isseminated" by the Endocrine Society that "reference(]" any statement that gender

affirming care is safe or effectiv e.

See CID 6-7.

Each of these requests would impose significant burdens and substantial costs on the

Endocrine Society, which is a nonprofit organization with limited resources and staff. Taken

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 14 of 104 • PUBLIC•

PUBLIC

together, compliance would be crippling and severely disrupt the Endocrine Society's operations.

Between a half and a third of the Endocrine Society's employees would have to be diverted from

their responsibi lities if the Endocrine Society were required to fully respond to the CID's requests;

and even then, full compliance would take months or years. In sum, the Endocrine Society can

attest that responding to the CID would materially disrupt its operations, require the Endocrine

Society to spend hundreds of thousands of dollars and devote hundreds of hours of staff time to

the Commission's investigation, and severely chill the Endocrine Society's protected speech.

Becker Deel. ~~ 13-25. Because "compliance threatens to unduly disrupt or seriously hinder

normal operations of' the Endocrine Society, the CID is unduly burdensome and must be quashed.

Texaco, 555 F.2d at 882.

III.

The CID Violates the Endocrine Society's First and Fourth Amendment Rights

Finally, even if the CID were within the Commission's statutory authority and compliance

were not unduly burdensome for the Endocrine Society, it would still violate the Endocrine

Society's constitutional rights.

First, the CID violates the First Amendment because it retaliates against and chills

protected speech. 11 In a strikingly similar case, the D.C. Circuit recently held that a nonprofit had

suffered "present, concrete, and objective harms" as a result of ''retaliatory government actions"

from the Commission that "adversely affected" its ability to engage in its charitable mission.

During the February 5, 2026, conference between the Endocrine Society and the Commission,

Commission staff took the surprising view that the Endocrine Society had forfeited any argument

based on retaliation under the First Amendment. In a subsequent letter, Commission staff appears

to be taking an even more expansive view- that the Endocrine Society had forfeited every

objection to the CID. Both positions are baseless. Among other reasons, the Endocrine Society

raised its objections "during the meet and confer process," both in correspondence with

Commission staff and during the January 30, 2026, and the February 5, 2026, conferences

themselves. 16 C.F.R. § 2.7(k).

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 15 of 104 • PUBLIC•

PUBLIC

Media Matters for Am. v. FTC, 2025 WL 2988966, at *3 (D.C. Cir. Oct. 23, 2025); Media Matters

for Am. v. Paxton, 138 F.4th 563, 579 (D.C. Cir. 2025). The same holds true here.

Under the First Amendment, the government "cannot attempt to coerce private parties in

order to punish or suppress views that the government disfavors." Nat 'l Rifle Ass 'n ofAm. v. Vullo ,

602 U.S. 175, 180 (2024). Establishing the causal link required for a retaliation claim does not

require "com[ing] forward with . .. ' the so-called smoking gun."' Massey v. Johnson, 457 F.3d

7 1 l , 717 (7th Cir. 2006); Media Matters, 2025 WL 2988966, at *8. Both the Commission and the

Administration more broadly have stated their intention to retaliate against proponents of gender

affirming care. 12 This CID is part of the pattern of retaliation that has followed those statements,

as evidenced in the Administration's unprecedented targeting of organizations engaging in speech

about gender affirming care, the lack of legitimate basis for the Commission's purported

investigation, and the Chairman of the Commission's commitment to investigate organizations

that "pushed" a viewpoint that the Administration disagrees with. In addition, the CID has already

chilled the Endocrine Society's protected speech. Becker Deel. ,i,i 18-25.

Second, on top of its retaliatory nature, the CID separately burdens the Endocrine Society's

First Amendment and Fourth Amendment rights. The CID implicates the Endocrine Society's

rights to speech, association, and petition. See, e.g., CID 7 (requiring the Endocrine Society to

"disprove" its own views); id (requiring the Endocrine Society to disclose attendance sheets for

any "session[s]" it has "hosted or organized" concerning gender affirming care for minors); id.

12 See, e.g., Ending Radical Indoctrination in K-12 Schooling, Exec. Order No. I4190 of Jan. 29,

2025, 90 Fed. Reg. 8853 (Feb. 3, 2025); FTC Commissioner Andrew N. Ferguson for FTC

Chairman, Punchbowl News, https://punchbowl.news/wp-content/uploads/FTC-CommissionerAndrew-N-Ferguson-Overview.pdf [https://perma.cc/VDZ6-BZQU] (promising to "[fjight back

against the trans agenda" by "[i]nvestigat[ing]" those " who deceptively pushed gender confusion,

puberty blockers, hormone replacement, and sex-change surgeries on children and adults").

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 16 of 104 • PUBLIC•

PUBLIC

(requiring the Endocrine Society to disclose any "information provided to any legislature or

regulator"); see also 303 Creative LLC v. Elenis, 600 U.S. 570, 584 (2023) (right to free speech);

Ams.for Prosperity Found. v. Bonta, 594 U.S. 595, 609-10 (2021) (right to free association); BE

& K Cons tr. Co. v. Nat '/ Labor Relations Bd., 536 U.S. 516, 525 (2002) (right to petition). It also

violates the "qualified privilege against compelled disclosure" that applies to organizations

engaged in journalism. Hutira v. Islamic Republic of Iran , 211 F. Supp. 2d 115, 118 (D.D.C.

2002). That interest is not " confined" to protecting " newspapers and periodicals;" it "necessarily

embraces ... every sort of publication which affords a vehicle of information and opinion."

Citizens United v. Fed. Election Comm 'n, 558 U.S. 310, 390 n.6 (20 I0) (quoting Lovell v. City of

Griffin, 303 U.S. 444, 452 (1938)). Because those rights are implicated, the CJD is enforceable

only if the Fourth Amendment's reasonableness requirements are adhered to with "scrupulous

exactitude." Zurcher v. Stanford Daily, 436 U.S. 547,564 (1978). The CID falls far short of that

exacting standard because, as explained above, it is overbroad, vague and ambiguous in many

places, and unduly burdensome. See supra Part II.

RESERVATION OF RIGHTS

By submitting this Petition to Quash, the Endocrine Society docs not intend to-and docs

not-waive any rights to make additional arguments against the Commission 's investigation of

the Endocrine Society, the CID, or both, including under the U.S. Constitution, the FTC Act, or

any other statute or rule.

CONCLUSION

For the foregoing reasons, the CID should be quashed in its entirety or, at minimum,

substantially narrowed.

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 17 of 104 • PUBLIC•

PUBLIC

Dated: February 10, 2026

COOLEY LLP

~I~

... ~ -""'--' ~

~awyer, B ~7680,{

hsawyer@cooley.com

Raymond P. Tolentino, Bar No. 102878 I

rtolentino@cooley.com

Ranjan Dev, Bar No.90019329

dranjan@cooley.com

1299 Pennsylvania Avenue NW

Suite 700

Washington, DC 20004-2400

Telephone:

+ 1 202 842 7800

Facsimile:

+1 202 842 7899

Counsel for Petitioner the Endocrine Society

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 18 of 104 •PUBLIC•

PUBLIC

CERTIFICATE OF SERVICE

I hereby certify that on February I 0, 2026, the foregoing Petition to Quash the Civil

Investigative Demand was served by electronic mail to the following:

Office of the Secretary

600 Pennsylvania Ave. NW

Washington, D.C. 20580

electronicfilings@ftc.gov

Apri l Tabor, Secretary of the Commission

600 Pennsylvania Ave. NW

Washington, D.C. 20580

atabor@ftc.gov

Gregory Ashe, Commission Counsel

600 Pennsylvania Ave., NW

Wash ington, D.C. 20580

gashe@ ftc.gov

Jonathan Cohen, Chief Litigation Counsel

600 Pennsylvania Ave. NW

Washington, D.C. 20580

jcohen2@ftc.gov

I further certify that on February 10, 2026, the foregoing Petition to Quash the Civil

Investigative Demand was served by hand delivery/courier to the followi ng:

BrightKey Offices

c/o April Tabor, Secretary of the Commission

9050 Junction Dr.

Annapolis Junction, MD 20701

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 19 of 104 • PUBLIC•

PUBLIC

Dated: February 10, 2026

Counsel/or Petitioner the Endocrine Society

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 20 of 104 * PUBLIC *

PUBLIC

EXHIBIT 1

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 21 of 104 • PUB~bBLIC

UNTTED STATES OF AMERTCA

FEDERAL TRADE COMMISSION

WASHfNGTON. D.C. 20580

Office of the Secretary

Janua1y 15, 2026

Via U.S. Mail

The Endocrine Society

c/o CT Corporation System

I 015 15Lt1 Street NW, Suite 1000

Washington, DC 20005

FTC Matter No. P264800

Dear The Endocrine Society:

The Federal Trade Commission ("FTC") has issued the attached Civil Investigative

Demand ("CID") asking for info rmation as part of a non-public investigation. Our purpose is

to determine whether the Organization or any other Person, as those terms are defined in tl1e

enclosed CID Schedule, have n1ade, or assisted others in making, false or unsubstantiated

representations or engaged in unfair practices in connection with the marketing and advertising

of Pediatric Gender Dysphoria Treatment (as defined in the enclosed CID Schedule), which,

according to the Organization, purports to treat gender dysphoric or gender diverse minors, to

consumers in v iolation of Sections 5 and 12 of the FTC Act, 15 U.S.C. §§ 45 , 52, and whether

FTC action to obtain monetary relief would be in the public interest. Please read the attached

docwne11ts carefully. Here are a few important points we would like to highligbt:

l. Contact FTC counsel Gregory Ashe (202-326-3719/gashe@ftc,gov), as soon as

possible to schedule a telephone call to be held within 14 days. During that telephone

call, FTC counsel can address any questions or concerns you have regarding this CID,

including whether there are changes to how you comply with the CID that would

reduce your cost or burden while still giving the FTC t he information it needs. Please

read the attached documents for more information about that meeting.

2. You must preserve, and immediately stop any deletion or destruction of,

electronic or paper documents in your possessjon, custody, or control that are in

any way relevant to this investigation, even if those documents are being retained by

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 22 of 104 * PUBLIC *

PUBLIC

a third party or you believe the documents are protected from discovery by privilege

or some other reason. You must also disable auto-delete for, or suspend, restrict, or

limit use of, any applications or platforms that automatically delete messages or

information that may be relevant to this investigation.

3. The FTC will use information you provide in response to the CID for the

purpose of investigating violations of the laws the FTC enforces. We will not

disclose the information under the Freedom of information Act, 5 U.S.C. § 552. We

may disclose the information in response to a valid request from Congress, or to other

civil or criminal law enforcement agencies for their official law enforcement

purposes. The FTC or other agencies may use and disclose your response in any civil

or criminal proceeding, or if required to do so by law. However, we will not publicly

disclose your information without giving you prior notice.

4. Please read the attached documents closely. They contain impo11ant information

about how you should provide your response.

Please contact FTC counsel as soon as possible if you have any questions. We appreciate

your cooperation.

Very truly yours,

(;_)7-.-...-4..---..

April J. Tabor

Secretary

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 23 of 104 • PUB~bBLIC

United States of America

Federal Trade Commission

Civil Investigative Demand

1. TO

1a. MATTER NUMBER

The Endocrine Society

c/o CT Corporation System

1015 15th Street NW, Suite 1000

Washington, DC 20005

P264800

This demand is issued pursuant to Section 20 of the Federal Trade Commission Act, 15 U.S.C. § 57b-1, in the course

of an investigation to determine whether there is, has been, or may be a violation of any laws administered by the

Federal Trade Commission by conduct, activities or proposed action as described in Item 3.

2. ACTION REQUIRED

D You are required to appear and testify.

LOCATION OF HEARING

YOUR APPEARANCE W ILL BE BEFORE

DATE AND TIME OF HEARING OR DEPOSITION

!vi You are required to produce all documents described in the attached schedule that are in your possession, custody, or control, and to make them

~ availab le at your address indicated above for inspection and copying or reproduction at the date and time speclfled below.

1v1 You are required to answer the interrogatories or p rovide the written report described on the attached schedu le. Answer each interrogatory or report

~ separately and fully in writing. Submit your answers or report to the Records Custodian named in Item 4 on or before the date specified below.

□ You are required to produce the tangible things described on the attached schedule. Produce such things to the Records Custodian named in Item 4

on or before the date specified below.

DATE AND TIME THE DOCUMENTS, ANSWERS TO INTERROGATORIES, REPORTS, AND/OR TANGIBLE THINGS MUST BE AVAILABLE

March 16, 2026 by 5:00pm ET

3. SUBJECT OF INVESTIGATION

Whether the Organization or any other Person, as those terms are defined in the enclosed CID Schedule, have made, or assisted others in making, false or

unsubstantiated representations or engaged in unfair practices in connection with the marketing and advertising of Pediatric Gender Dysphoria Treatment (as

defined in the enclosed CID Schedule) which, according to the Organization, purports to treat gender dysphoric o r gender diverse minors, to consumers In

violation o f Sections 5 and 12 of the FTC Act, 15 U.S.C. §§ 45, 52, and whether FTC adion to obtain monetary relief would be in the public inte rest. See a lso

attached schedule and attached resolutions.

4. RECORDS CUSTODIAN/DEPUTY RECORDS CUSTODIAN

5. COMMISSION COUNSEL

Gregory Ashe

Federal Trade Commission

600 Pennsylvania Ave .. NW

Washington, DC 20580

202-326-3719

Gregory Ashe

Federal Trade Commission

600 Pennsylvania Ave., NW

Washington, DC 20580

202-326-3719

DATE ISSUED

COMMISSIONER'S SIGNATURE_ .d_ /

~fl/

1/15/26

INSTRUCTIONS AND NOTICES

YOUR RIGHTS TO REGULATORY ENFORCEMENT FA IRNESS

The delivery ol this demand to you by any method prescribed by the Commission's

Rules of Practice is legal service and may subject you to a penalty Imposed by law for

failure to comply. The produdion of documents or the submission of answe<s and report

in response to this demand must be made under a sworn certificate, in the form printed

on the second page of this demand, by the pe<son to whom this demand is directed or, if

not a natural person. by a person or persons having knowledge of the facts and

circumstances of such production or responsible for answering each interrogatory or

report question. This demand does not require approval by 0MB under the Paperwork

Reduction Act of 1980.

The FTC has a longstanding commitment to a fair regulatory enforcement environment.

If you are a small business (under Small Business Administration standards), you have

a right to contact the Small Business Administration's National Ombudsman at 1-888REGFAIR (1-888-734-3247) or www.sba.gov/ombudsman regarding the fairness of the

compliance and enforcement activities of the agency. You should understand, however,

that the National Ombudsman cannot change, stop. or delay a federal agency

enforcement action.

The FTC strictly forbids retaliatory acts by its employees, and you will not be penalized

for expressing a concern about these activities.

PETITION TO LIMIT OR QUASH

TRAVEL EXPENSES

The Commission's Rules ol Practice require that any petiUon to limit or quash this

demand be filed wtthin 20 days after service. or. if the return date is less than 20 days

after service, prior to the return date. The original and twelve copies of the petition must

be filed with the Secretary of the Federal Trade Commission, and one copy should be

sent to the Commission Counsel named in Item 5.

Use the enclosed travel voucher to claim compensation to which you are entitled as a

witness for the Commission. The completed travel voucher and this demand should be

presented to Commission Counsel for payment. If you are permanently or temporarily

living somewhere other than the address on this demand and it would require excessive

travel for you to appear, you must get prior approval from Commission Counsel.

A copy ot the Commission's Rules of Practice is available ontine at http://bil.ly/

FTCSRytesolPractice. Paper copies are available upon request.

FTC Form 144 (rev 01/2024)

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 24 of 104 * PUBLIC *

PUBLIC

FEDERAL TRADE COMMISSION ("FTC")

CIVIL INVESTIGATIVE DEMAND ("CID") SCHEDULE

FTC File No. P264800

Meet and Confer: You must contact FTC counsel Gregory Ashe (202-326-3719;

gashe@ftc.gov), as soon as possible to schedule a telephonic meeting to be held within fourteen

( 14) days after You receive this CID. At the meeting, You must discuss with FTC counsel any

questions You have regarding this CID or any possible CID modifications that could reduce

Your cost, burden, or response time yet still provide the FTC with the information it needs to

pursue its investigation. The meeting also will address how to assert any claims of protected

status (e.g., privilege, work-product, etc.) and the production of electronically stored information.

You must make available at the meeting personnel knowledgeable about Your information or

records management systems, Your systems for electronically stored information, custodians

likely to have information responsive to this CID, and any other issues relevant to compliance

with this CID.

Document Retention: You must retain all Documents used in preparing responses to this CID.

The FTC may require the submission of additional Documents later during this investigation.

Accordingly, You must preserve, and immediately stop any deletion or destruction of,

Documents in Your possession, custody, or control that are in any way relevant to this

investigation, even if those Documents are being retained by a third party or You believe those

Documents are protected from discovery. See 15 U.S.C. § 50; see also 18 U.S.C. §§ 1505, 1519.

In addition, You must disable auto-delete for, or suspend, restrict, or limit use of, any messaging

applications or Collaborative Work Environments that automatically delete messages or

information that may be relevant to this investigation.

Sharing of Information: The FTC will use information You provide in response to the CID for

the purpose of investigating violations of the laws the FTC enforces. We will not disclose such

information under the Freedom oflnformation Act, 5 U.S.C. § 552. We also will not disclose

such information, except as allowed under the FTC Act (15 U.S.C. § 57b-2), the Commission's

Rules of Practice (16 C.F.R. §§ 4.10 & 4.11), or if required by a legal obligation. Under the FTC

Act, we may provide Your information in response to a request from Congress or a proper

request from another law enforcement agency. However, we will not publicly disclose such

information without giving You prior notice.

Manner of Production: Contact FTC counsel Gregory Ashe (202-326-3719; gashe@ftc.gov)

by email or telephone at least five days before the return date for instructions on how to produce

information responsive to this CID.

Certification of Compliance: You or any person with knowledge of the facts and

circumstances relating to the responses to this CID must certify that such responses are complete

by signing the "Certification of Compliance" attached to this CID.

Certification of Records of Regularly Conducted Activity: Attached is a Certification of

Records of Regularly Conducted Activity. Please execute and return this Certification with Your

response. Completing this certification may reduce the need to subpoena You to testify at future

proceedings to establish the admissibility of Documents produced in response to this CID.

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 25 of 104 * PUBLIC *

PUBLIC

Definitions and Instructions: Please review carefully the Definitions and Instructions that

appear after the Specifications and provide important information regarding compliance with this

CID.

SUBJECT OF INVESTIGATION

Whether the Organization or any other Person, as those terms are defined herein, have made, or

assisted others in making, false or unsubstantiated representations or engaged in unfair practices

in connection with the marketing and advertising of Pediatric Gender Dysphoria Treatment (as

defined herein), which, according to the Organization, purports to treat gender dysphoric or

gender diverse minors, to consumers in violation of Sections 5 and 12 of the FTC Act, 15 U.S.C.

§§ 45, 52, and whether FTC action to obtain monetary relief would be in the public interest. See

also attached resolutions.

II.

SPECIFICATIONS

Applicable Time Period: Unless otherwise directed, the applicable time period for the requests

set forth below is from January 1, 2021, until the date of full and complete compliance with

this CID.

Interrogatories. Please describe in detail:

1. All requirements for membership in Your Organization.

2. The extent to which your Organization's membership includes members organized for

profit, or that provide goods and services for profit.

3. All benefits and services You offer or provide to Your members, including but not

limited to any (a) discounts or advantageous access to any products and services, such as

insurance or financing, (b) legal advocacy or litigation, (c) lobbying services, (d)

marketing or lead generation of any type, (e) public relations, and (f) education and

training.

4. Each training or certification program offered by You, including but not limited to: (a)

the cost of each training or certification program, (b) the requirements (e.g., membership

requirements, course titles, hours, testing) for completing the program, (c) the

requirements for maintaining the certification, (d) the number of individuals that hold a

current certification, and (e) the number of individuals that have completed the training or

certification program.

5. Each workshop, townhall or other formal or informal session, and conference You hosted

that relates to POOT in any way, including but not limited to the cost to attend and

education or trainings offered at those workshops, townhalls or other formal or informal

sessions, and conferences.

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 26 of 104 * PUBLIC *

PUBLIC

6. Each type of PGDT You advertised, marketed, promoted, addressed, or referred to in any

Document You disseminated. Your response should include but not be limited to

descriptions of any pamphlets, posters, or other materials concerning PGDT that You

disseminated to healthcare professionals, patients, and their families, to whom those

materials were disseminated, for what purpose they were disseminated, and the dates

when You disseminated the materials.

7. Any Covered Statements You have made, including but not limited to the exact wording,

its location and context, the means of communication, and when dissemination occurred.

8. Regardless of time period, the process for developing and issuing the 2017 ES Guidelines

and 2020 Position Statement, including but not limited to every individual or entity that

participated in development and issuance, and any funding sources.

9. Any payments, grants, consulting or financial relationships, or partnerships relating to

PGDT between You and any (a) pharmaceutical company, (b) medical device

manufacturer, and/or (c) clinic, hospital system, or individual clinician.

10. All formal or informal complaints, questions, or inquiries You received related to

concerns that the Covered Statements lack substantiation or do not adequately disclose

risks associated with PGDTs.

11. All investigations and lawsuits involving You and either the Covered Statements or

PGDTs, including but not limited to any lawsuit in which You are amicus.

12. Your views regarding whether the Covered Statements are substantiated, and the

reasoning therefor.

13. Regardless of time period, identify each Person with responsibility for developing,

reviewing, or evaluating substantiation, scientific or otherwise, for each Covered

Statement, including the qualifications of each such Person, and describe the functions

performed by each.

14. Describe Your record retention policies, including the manner and duration of

preservation of email.

15. Identify all persons who participated in preparing responses to this CID.

Document Requests:

1. Regardless of time period, and whether or not You believe a Covered Statement was

made in Your advertising or other promotional materials, all Documents (including tests,

reports, studies, scientific literature, and written opinions) upon which You have relied to

substantiate each Covered Statement.

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 27 of 104 * PUBLIC *

PUBLIC

2. Regardless of time period, all Documents relating to substantiation for the Covered

Statements, that question or disprove any of the Covered Statements or their

substantiation.

3. Regardless of time period, all Documents relating to any study You sponsored,

conducted, or contributed to that involved PGDT.

~. Regardless of time period, all Communications with Professional Medical Organizations

related to the 2017 ES Guidelines or the 2020 Position Statement.

5. Regardless of time period, all Documents reflecting or constituting Communications with

other organizations, institutions, or individuals regarding the development and

publication of the 2017 ES Guidelines or the 2020 Position Statement.

6. All materials used in any education, training, or certification program You offer, or used

to promote such programs.

7. All testimony, advocacy, or other information provided to any legislature or regulator

related to PGDTs.

8. With respect to any workshop, townhall or other formal or informal session, or

conference You hosted or organized related in any way to PGDTs: (a) all recordings and

transcripts; (b) all Documents distributed to attendees or participants; and (c) Documents

required to be signed by any attendee, participant, or speaker.

9. All Documents You disseminated referencing the Covered Statements.

10. All Documents related to payments, grants, consulting or financial relationships, or

partnerships between You and any (a) pharmaceutical company, (b) medical device

manufacturer, or (c) clinic, hospital system or individual clinician.

11. Your Financial Statements for each year.

12. All Documents referenced in, or relied upon, in answering any Interrogatory.

III.

DEFINITIONS

The following definitions apply to this CID:

D-1. "Collaborative Work Environment" means any platform, application, product, or

system used to communicate, or to create, edit, review, approve, store, organize, share, and

access Documents, communications, and information by and among users, including Microsoft

SharePoint sites, cloud storage systems (e.g., Google Drive, OneDrive, Dropbox), eRooms,

document management systems (e.g., iManage), intranets, chat (e.g., Slack), web content

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 28 of 104 * PUBLIC *

PUBLIC

management systems (e.g., Drupal), wikis (e.g., Confluence), work tracking software (e.g., Jira),

version control systems (e.g., Github), and biogs.

D-2.

"Communication" means the transmittal of information by any means.

D-3.

"Covered Statement" means any representation, whether express or implied, that:

a. PGDTs are safe, including without limitation the representation that a treatment is

safe for muscle, bone, or brain development;

b. PGDTs are proven effective, including without limitation the representation that

PGDTs are supported by evidence-based science;

c. PGDTs improve mental health;

d. PGDTs reduce the incidence of suicide, including without limitation the

representation that PGDTs are life-saving;

e. PGDTs are fully or partly reversible, including without limitation the

representation that a treatment is only a pause or otherwise do not cause

permanent physical changes; and

f. PGDTs have few side effects.

D-4. "Document" means the complete original, including all attachments and copies of all

hyperlinked materials (other than hyperlinks to publicly accessible websites), all drafts or prior

versions, and any non-identical copy, whether different from the original because of notations on

the copy, different metadata, or otherwise, of any item covered by 15 U.S.C.- § 57b-l(a)(5), 16

C.F.R. § 2.7(a)(2), or Federal Rule of Civil Procedure 34(a)(l)(A), including chats, instant

messages, text messages, direct messages, information stored on or sent through social media

accounts or messaging or other applications (e.g., Microsoft Teams, Slack), information

contained in, hyperlinked to, or sent through Collaborative Work Environments, and information

on all devices (including employee-owned devices) used for Organization-related activity.

D-5. "Financial Statements" means balance sheets, statements of financial position, profit and

loss statements, income statements, statements of activities, statement of cash flows, and

statements of functional expenses.

D-6. "Endocrine Society Guidelines" or "2017 ES Guidelines" means Your 2017 publication

entitled "Endocrine Treatment of Gender-Dysphoric/Gender-Incongruent Persons: An Endocrine

Society Clinical Practice Guideline."

D-7. "Organization," "You," or "Your" means or refers to The Endocrine Society, its

wholly or partially owned subsidiaries, unincorporated divisions, joint ventures, operations under

assumed names, and affiliates, and all directors, officers, members, employees, agents,

consultants, and other persons working for or on behalf of the foregoing.

D-8. "Pediatric Gender Dysphoria Treatment" or ("PGDT") means any medical

intervention which, according to the Organization, purports to treat gender dysphoric or gender

diverse minors, including but not limited to pubertal suppression, hormone therapy, and surgery

(e.g., subcutaneous mastectomy, vaginoplasty, metoidioplasty, and phalloplasty).

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 29 of 104 * PUBLIC *

PUBLIC

D-9. "Person" means any natural person, an organization or other legal entity, including a

corporation, partnership, sole proprietorship, limited liability company, association, cooperative,

or any other group or combination acting as an entity

D-10. "Position Statement on Transgender Health" or "2020 Position Statement" means

Your publication entitles "Position Statement on Transgender Health" published in December

2020.

D-11. "Professional Medical Organizations" means, including, but not limited to, the

American Academy of Pediatrics, American College of Obstetrics and Gynecology, American

Medical Association (AMA), and its Surgical Groups (American Society of Plastic Surgery,

American Academy of Cosmetic Surgery, International Society of Aesthetic Plastic Surgery,

American Board of Plastic Surgery, American Association of Plastic Surgery, and the American

College of Surgeons), World Professional Association for Transgender Health, and United States

Professional Association for Transgender Health.

IV.

INSTRUCTIONS

1-1.

Petitions to Limit or Quash: You must file any petition to limit or quash this CID with

the Secretary of the FTC no later than twenty (20) days after service of the CID, or, if the return

date is less than twenty (20) days after service, prior to the return date. Such petition must set

forth all assertions of protected status or other factual and legal objections to the CID and comply

with the requirements set forth in 16 C.F.R. § 2.l0(a)(l)- (2). The FTC will not consider

petitions to quash or limit if You have not previously met and conferred with FTC staff

and, absent extraordinary circumstances, will consider only issues raised during the meet

and confer process. 16 C.F.R. § 2.7(k); see also§ 2.1 l(b). If You file a petition to limit or

quash, You must still timely respond to all requests that You do not seek to modify or set

aside in Your petition. 15 U.S.C. § 57b-l(f); 16 C.F.R. § 2.l0(b).

1-2.

Withholding Requested Material/ Privilege Claims: For specifications requesting

production of Documents or answers to written interrogatories, if You withhold from production

any material responsive to this CID based on a claim of privilege, work product protection,

statutory exemption, or any similar claim, You must assert the claim no later than the return date

of this CID, and You must submit a detailed log, in a searchable electronic format, of the items

withheld that identifies the basis for withholding the material and meets all the requirements set

forth in 16 C.F.R. § 2.1 l(a)- (c). The information in the log must be of sufficient detail to

enable FTC staff to assess the validity of the claim for each Document, including attachments,

without disclosing the protected information. If only some portion of any responsive material is

privileged, You must submit all non-privileged portions of the material. Otherwise, produce all

responsive information and material without redaction. 16 C.F .R. § 2.11 (c). The failure to

provide information sufficient to support a claim of protected status may result in denial of the

claim. 16 C.F.R. § 2.1 l(a)(l).

1-3.

Modification of Specifications: The Bureau Director, a Deputy Bureau Director,

Associate Director, Regional Director, or Assistant Regional Director must agree in writing to

any modifications of this CID. 16 C.F.R. § 2.7(1).

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 30 of 104 * PUBLIC *

PUBLIC

1-4.

Scope of Search: This CID covers Documents and information in Your possession or

under Your actual or constructive custody or control, including Documents and information in

the possession, custody, or control of Your attorneys, accountants, directors, officers, employees,

service providers, and other agents and consultants, whether or not such Documents or

information were received from or disseminated to any person or entity.

1-5.

Identification of Responsive Documents: For specifications requesting production of

Documents, You must identify in writing the Documents that are responsive to the specification.

Documents that may be responsive to more than one specification of this CID need not be

produced more than once. If any Documents responsive to this CID have been previously

supplied to the FTC, You may identify the Documents previously provided and the date of

submission.

1-6.

Maintain Document Order: For specifications requesting production of Documents,

You must produce Documents in the order in which they appear in Your files or as electronically

stored. If Documents are removed from their original folders, binders, covers, containers, or

electronic source, You must specify the folder, binder, cover, container, or electronic media or

file paths from which such Documents came.

1-7.

Numbering of Documents: For specifications requesting production of Documents,

You must number all Documents in Your submission with a unique identifier such as a Bates

number or a Document ID.

1-8.

Production of Copies: For specifications requesting production of Documents, unless

otherwise stated, You may submit copies in lieu of original Documents if they are true, correct,

and complete copies of the originals and You preserve and retain the originals in their same state

as of the time You received this CID. Submission of copies constitutes a waiver of any claim as

to the authenticity of the copies should the FTC introduce such copies as evidence in any legal

proceeding.

1-9.

Production in Color: For specifications requesting production of Documents, You must

produce copies of advertisements in color, and You must produce copies of other materials in

color if necessary to interpret them or render them intelligible.

1-10. Electronically Stored Information: For specifications requesting production of

Documents, see the attached FTC Bureau of Consumer Protection Production Requirements

("Production Requirements"), which detail all requirements for the production of electronically

stored information to the FTC. You must discuss issues relating to the production of

electronically stored information with FTC staff prior to production.

1-11. Sensitive Personally Identifiable Information ("Sensitive PII") or Sensitive Health

Information ("SHI"): For specifications requesting production of Documents or answers to

written interrogatories, if any responsive materials contain Sensitive PII or SHI, please contact

FTC counsel before producing those materials to discuss whether there are steps You can take to

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 31 of 104 * PUBLIC *

PUBLIC

minimize the amount of Sensitive PII or SHI You produce, and how to securely transmit such

information to the FTC.

Sensitive PII includes an individual's Social Security number; an individual's biometric

data; and an individual's name, address, or phone number in combination with one or more of

the following: date of birth, driver's license or state identification number (or foreign country

equivalent), military identification number, passport number, financial account number, credit

card number, or debit card number. Biometric data includes biometric identifiers, such as

fingerprints or retina scans, but does not include photographs (with the exception of photographs

and corresponding analyses used or maintained in connection with facial recognition software) or

voice recordings and signatures (with the exception of those stored in a database and used to

verify a person's identity). SHI includes medical records and other individually identifiable

health information relating to the past, present, or future physical or mental health or conditions

of an individual, the provision of health care to an individual, or the past, present, or future

payment for the provision of health care to an individual.

1-12. Interrogatory Responses: For specifications requesting answers to written

interrogatories: (a) answer each interrogatory and each interrogatory subpart separately, fully,

and in writing; and (b) verify that Your answers are true and correct by signing Your answers

under the following statement: "I verify under penalty of perjury that the foregoing is true and

correct. Executed on (date). (Signature)." The verification must be submitted

contemporaneously with Your interrogatory responses.

1-13. Submission of Documents in Lieu oflnterrogatory Answers: You may answer any

written interrogatory by submitting previously existing Documents that contain the information

requested in the interrogatory so long as You clearly indicate in each written interrogatory

response which Documents contain the responsive information. For any interrogatory that asks

You to identify Documents, You may, at Your option, produce th~ Documents responsive to the

interrogatory so long as You clearly indicate the specific interrogatory to which such Documents

are responsive.

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 32 of 104 * PUBLIC *

PUBLIC

CERTIFICATION OF COMPLIANCE

Pursuant to 28 U.S.C. § 1746

I, _ _ _ _ _ _ _ _ _ _ _ _, certify the following with respect to the Federal Trade

Commission's ("FTC") Civil Investigative Demand directed to The Endocrine Society (the

"Organization") (FTC File No. P264800) (the "CID"):

The Organization has identified all documents, information, and/or tangible things

("responsive information") in the Organization's possession, custody, or control responsive to

the CID and either:

(a) provided such responsive information to the FTC; or

(b) for any responsive information not provided, given the FTC written objections

setting forth the basis for withholding the responsive information.

I verify that the responses to the CID are complete and true and correct to my

knowledge.

I certify under penalty of perjury that the foregoing is true and correct.

Date: - - - - - - - - - - -

Signature

Printed Name

Title

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 33 of 104 * PUBLIC *

PUBLIC

CERTIFICATION OF RECORDS OF REGULARLY CONDUCTED ACTIVITY

Pursuant to 28 U.S.C. § 1746

I, _ _ _ _ _ _ _ _ _ _ _ _ , have personal knowledge of the facts set forth below

and am competent to testify as follows:

I have authority to certify the authenticity of the records produced by The Endocrine

Society (the "Organization") and attached hereto.

The documents produced and attached hereto by the Organization are originals or true

copies of records of regularly conducted activity that:

Were made at or near the time of the occurrence of the matters set forth by, or

from information transmitted by, a person with knowledge of those matters;

Were kept in the course of the regularly conducted activity of the Organization;

and

Were made by the regularly conducted activity as a regular practice of the

Organization.

I certify under penalty of perjury that the foregoing is true and correct.

Date: - - - - - - - - - - -

Signature

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 34 of 104 * PUBLIC *

PUBLIC

Federal Trade Commission - Bureau of Consumer Protection

Production Requirements

Revised January 2024

In producing information to the FTC, comply with the following requirements, unless the FTC

agrees otherwise. If you have questions about these requirements, please contact FTC counsel.

Production Format

1. General Format: Provide load-ready electronic productions with:

a. A delimited data load file (.DAT) containing a line for every document, unique id number

for every document (DoclD), metadata fields, and native file links where applicable; and

b. A document level text file, named for the DocID, containing the text of each produced

document.

Do not produce corresponding image renderings (e.g., TIFF or JPEG) for files in

native format unless the FTC requests them. If the FTC requests corresponding

image renderings, provide an Opticon image load file (.OPT) containing a line for

every image file.

2. Electronically Stored Information (ESI): Documents stored in electronic format in the ordinary

course of business must be produced in the following format:

a. For ESI other than the categories below, submit in native format with all metadata and

either document level extracted text or Optical Character Recognition (OCR). Do not

produce corresponding image renderings (e.g., TIFF or JPEG) for files in native format

unless the FTC requests them. If the FTC requests corresponding image renderings, they

should be converted to Group IV, 300 DPI, single-page TIFF (or color JPEG images when

necessary to interpret the contents or render them intelligible.)

b. For Microsoft Excel, Access, or PowerPoint files, submit in native format with extracted

text and metadata. Data compilations in Excel spreadsheets or delimited text formats must

contain all underlying data, formulas, and algorithms without redaction.

c. For other spreadsheet, database, presentation, or multimedia formats; messaging

applications and platforms (e.g., Microsoft Teams, Slack); or proprietary applications,

discuss the production format with FTC counsel.

3. Hard Copy Documents: Documents stored in hard copy in the ordinary course of business must

be scanned and submitted as either one multi-page pdf per document or as 300 DPI single page

TIFFs (or color JPEGs when necessary to interpret the contents or render them intelligible), with

corresponding document-level OCR text and logical document determination in an accompanying

load file.

4. Document Identification: Provide a unique DocID for each hard copy or electronic document,

consisting of a prefix and a consistent number of numerals using leading zeros. Do not use a space

to separate the prefix from numbers.

-Al-

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 35 of 104 * PUBLIC *

PUBLIC

5. Attachments: Preserve the parent/child relationship by producing attachments as separate

documents, numbering them consecutively to the parent email, and including a reference to all

attachments.

6. Metadata Production: For each document submitted electronically, include the standard metadata

fields listed below in a standard delimited data load file. The first line of the data load file shall

include the field names. Submit date and time data in separate fields. Use these standard

Concordance delimiters in delimited data load files:

Description

Field Separator

Quote Character

Multi Entry delimiter

<Return> Value in data

Symbol

ASCII Character

254

174

126

7. De-duplication: Do not use de-duplication or email threading software without FTC approval.

8. Password-Protected Files: Remove passwords prior to production. If password removal is not

possible, provide the original and production filenames and the passwords, under separate cover.

Producing Data to the FTC

Prior to production, scan all data and media for viruses and confirm they are virus-free.

For productions smaller than 50 GB, submit data electronically using the FTC's secure file transfer

protocol. Contact FTC counsel for instructions. The FTC cannot accept files via Dropbox,

Google Drive, OneDrive, or other third-party file transfer sites.

If you submit data using physical media:

a. Use only CDs, DVDs, flash drives, or hard drives. Format the media for use with Windows;

b. Use data encryption to protect any Sensitive Personally Identifiable Information or

Sensitive Health Information (as defined in the instructions), and provide passwords in

advance of delivery, under separate cover; and

c. Use a courier service (e.g., Federal Express, UPS) because heightened security measures

delay postal delivery.

Provide a transmittal letter with each production that includes:

a. Production volume name (e.g., Volume 1) and date of production;

b. Numeric DocID range of all documents in the production, and any gaps in the DocID range;

and

c. List of custodians and the DocID range for each custodian.

-A2-

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 36 of 104 * PUBLIC *

PUBLIC

Standard Metadata Fields

DAT FILE FIELDS

DEFINITIONS

POPULATE FIELD FOR:

DoclD

Unique ID number for each document

All Documents •••••

FamilylD

Unique ID for all documents in a family including parent and all child documents

All Documents

ParentlD .·

Document ID orthe pa~nt doc~ment. This field will only b~ popul~~~d on child items

All ~oc~ITlent~ \'.·••••\

File Path

Path to produced native file

All Documents

TextPath

Path to document level text or OCR file

All Documents

Custodian

Name of the record owner/holder

All Documents

AIICustodlans

Names of all custodians that had copy of this record (populate If data was deduplicated

or email threading was used) .

All Documents

Source

Source of documents: CID, Subpoena, lhlrd Party lJata, etc.

All Uocuments

Original file narn.e \ / .·••. •· ·• • •

A11·•o()~lJ1T1e~i~C•;·•·••·•·••-':

File Size

Size of documents

All Documents

File Extensions

Extension offile type

All b6c~~d~ts">• • • •

MDS Hash

Unique identifier for electronic data used in de-duplication

All Documents

PRODUCTION_VOLUME

Production Volume

All Documents

HASREDACTIONS

Redacted document

All Documents

Exception Reason

Reason for exception encountered during processing (e.g., empty file, source file,

password-protected file, virus)

• •••• • ••

All ~o~u~dnt;· ••

PRODBEG

Beginning production bates number

Documents with Produced Images

PRODEND

Ending produ~ion t>1tesnurn~er

D6~JITlert~s\Jiih•;r6duced Images

PRODBEG_ATTACH

Beginning production family bates number

Documents with Produced Images

PRODEND_ATTACH

Ending production family bates number

Documents with Produced Images

Page Count

The number of pages the document contains

Documents with Produced Images

From

Names retrieved from the FROM field in a message

Emails

Names retrieved from the TO field in a message; the recipient(s)

Emails

Names retrievedf~OITI ~he CC field in a message; the ~~~led ~~cipi~11~(s) · ••

EITl~li~

BCC

Names retrieved from the BCC field in a message; the blind copied recipient(s)

Emails

EmailSubject > • ••• •

Email subjecfnn~ >

Date Sent

The date an email message was sent

Emails

Time Sent

The time an email message was sent

Emails

Date Received

The date an email message was received

Emails

Time Received

The time an email message was received

Emails

Author

File Author

Loose Native Files and Email Attachments

Filename

•

••

Title

••.. FllcTitle

··.·:

••• .. •••• :-.·: __

···.

·.

·::

..... =::,:·:

Loose Native Files and Email Attachments

Subject

File Subject

Loose Native Files and Email Attachments

Date Created

Date a document was created by the file system

Loose Native Files and Email Attachments

Time Created

Time a document was created by the file system

Loose Native Files and Email Attachments

Date Modified

Last date a document was modified and recorded by the file system

Loose Native Files and E.mall Attachments

Time Modified

Last time a document was modified and recorded by the file system

Loose Native Files and Email Attachments

,· ..'. :._-·.

.•. ::·.·:=·. _: '_:•-.:_:·,· .. •..-

Date Printed

... Lastdate a document was printed and recorded by .the file system

Loose Native Files and EITl~i; I~~~~ITl~~~s

Time Printed

Last time a document was printed and recorded by the file system

Loose Native Files and Email Attachments

-A3-

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 37 of 104 * PUBLIC *

PUBLIC

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS:

Joseph J. Simons, Chaim1an

Noah Joshua Phillips

Rohit Chopra

Rebecca Kelly Slaughter

Christine S. Wilson

RESOLUTION DIRECTING USE OF COMPULSORY PROCESS IN A NON-PUBLIC

INVESTIGATION OF DIETARY SUPPLEMENTS, FOODS, DRUGS, DEVICES, OR

ANY OTHER PRODUCT OR SERVICE INTENDED TO PROVIDE A HEALTH

BENEFIT OR TO AFFECT THE STRUCTURE OR FUNCTION OF THE BODY

File No. 002 3191

Nature and Scope of Investigation:

To investigate whether unnamed persons, partnerships, or corporations, or others have

engaged or are engaging in deceptive or unfair acts or practices in or affecting commerce in the

adve11ising, marketing, or sale of dietary supplements, foods, drngs, devices, or any other

product or service intended to provide a health benefit or to affect the strncture or function of the

body; have misrepresented or are misrepresenting the safety or efficacy of such products or

services; or otherwise have engaged or are engaging in unfair or deceptive acts or practices or in

the making of false advertisements, in or affecting commerce, in violation of Sections 5 or 12 of

the Federal Trade Commission Act, 15 U.S.C. §§ 45 and 52, as amended. The investigation is

also to dete1mine whether Commission action to obtain monetary relief would be in the public

interest.

The Federal Trade Commission hereby resolves and directs that any and all compulsory

processes available to it be used in connection with this investigation for a period not to exceed

ten (10) years from the date of issuance of this resolution. The expiration of this ten-year period

shall not limit or tenninate the investigation or the legal effect of any compulsory process issued

during the ten-year period. The Federal Trade Commission specifically authorizes the filing or

continuation of actions to enforce any such compulsory process after the expiration of the tenyear period.

Authority to Conduct Investigation:

Sections 6, 9, 10, and 20 of the Federal Trade Commission Act, 15 U.S.C. §§ 46, 49, 50,

and 57b-l, as amended; and FTC Procedures and Rules of Practice, 16 C.F.R. § 1.1 et seq., and

supplements thereto.

By direction of the Commission.

APRIL

TABOR

Digitally signed

by APRIL TABOR

Date: 2019.08.12

12:09:40 -04'00'

April J. Tabor

Acting Secretmy

Issued: August 9, 20 I 9

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 38 of 104 * PUBLIC *

PUBLIC

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS:

Lina M. Khan, Chair

Noah Joshua Phillips

Rohit Chopra

Rebecca Kelly Slaughter

Christine S. Wilson

RESOLUTION DIRECTING USE OF COMPULSORY PROCESS

REGARDING ACTS OR PRACTICES AFFECTING CHILDREN

File No. 212 3123

Nature and Scope of Investigation:

To investigate whether any persons, partnerships, corporations, or others have engaged

or are engaging in unfair, deceptive, anticompetitive, collusive, coercive, predatory,

exploitative, or exclusionary acts or practices, in or affecting commerce, related to goods or

services marketed, in whole or in part, to children under 18, in violation of Section 5 of the

Federal Trade Commission Act, 15 U.S.C. § 45, as amended or any statutes or rules enforced by

the Commission; and to determine the appropriate action or remedy, including whether

injunctive and monetary relief would be in the public interest.

The Federal Trade Commission hereby resolves and directs that any and all compulsory

processes available to it be used in connection with any inquiry within the nature and scope of

this resolution for a period not to exceed ten years. The expiration of this ten-year period shall

not limit or terminate the investigation or the legal effect of any compulsory process issued

during the ten-year period. The Federal Trade Commission specifically authorizes the filing or

continuation of actions to enforce any such compulsory process after the expiration of the tenyear period.

Authority to Conduct Investigation:

Sections 6, 9, 10, and 20 of the Federal Trade Commission Act, 15 U.S.C. §§ 46, 49,

50,and 57b-l, as amended; and FTC Procedures and Rules of Practice, 16 C.F.R. § 1.1 et seq.,

and supplements thereto.

By direction of the Commission.

April J. Tabor

Secretary

Issued: September 2, 2021

Expires: September 2, 2031

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 39 of 104 * PUBLIC *

PUBLIC

EXHIBIT 2

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 40 of 104 • PUBLIC•

PUBLIC

BEFORE THE UNITED STATES

FEDERAL TRADE COMMISSION

In the Matter of

The Civil Investigative Demand dated January

15, 2026, to The Endocrine Society

FTC Matter No.: P264800

DECLARATION OF THE ENDOCRINE SOCIETY IN SUPPORT OF PETITION TO

QUASH THE CIVIL INVESTIGATIVE DEMAND

I, Mila N. Becker, hereby declare as follows:

I am over the age of eighteen and fully competent to make this declaration. I am

the Chief Policy Officer ("CPO") at the Endocrine Society. If called upon to testify as to the facts

set forth herein, I could and would testify competently thereto.

I joined the Endocrine Society in June 2013 as the Senior Director of Advocacy &

Policy and became the organization's CPO in 2015. In my role, I oversee the Endocrine Society's

Government and Public Affairs Department, which manages the Society's public policy agenda

and advocacy efforts. I develop strategies to create and improve policies that affect access to and

quality of care, and I engage in advocacy related to diabetes, obesity, funding for medical research,

and endocrine-disrupting chemicals. I also serve as liaison to the Endocrine Society's Clinical

Affairs, Research Affairs, and Advocacy & Public Outreach Core Committees. These committees

play an integral role in implementing the Society's mission, sharing the latest clinical and research

information, and making policy recommendations. Over the past twelve years, I have had the

opportunity to work closely with our staff, our members, our partner organizations, government

officials, and others in the medical society, scientific organization, and policy communities. As a

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 41 of 104 •PUBLIC •

PUBLIC

result, I have developed a broad and deep knowledge of the Endocrine Society's operations and of

the clinicians, scientists, and groups with which we collaborate.

I have reviewed the publicly available versions of the Endocrine Society's Form

990 for fiscal years 2020 - 2023 submitted to the IRS and available on its public website and, in

consultation with our Finance Department, I am generally familiar with the organization's

financial operations and tax compliance status.

Background

Founded in 1916, the Endocrine Society is a 501 (c)(3) charitable, non-profit

organization dedicated to accelerating scientific breakthroughs and improving patient health and

wellbeing. The organization qualifies as a publicly supported organization and is recognized by

the Internal Revenue Service as tax-exempt under§ 501(c)(3).

The Endocrine Society has more than 18,000 members including scientists,

physicians, educators, and nurses in 122 countries. It is the largest and most active organization

devoted to the study of hormones and clinical practice in endocrinology and proudly counts ten of

the world's most distinguished scientists who have received the honor of the Nobel Prize in

Physiology or Medicine or Chemistry among its members, including four of its past presidents.

Charitable Purpose

The Endocrine Society's mission is to advance excellence in endocrinology and

promote endocrinology's role in scientific discovery, medical practice, and human health. To

accomplish this, the Endocrine Society publishes multiple peer-reviewed journals and

publications, hosts forums for the exchange of clinical and scientific knowledge in the field, and

supports its over 18,000 members through every stage of their careers.

The Endocrine Society has a top-ranked peer-reviewed journal publishing program

that addresses dozens ofendocrine issues. The Endocrine Society also publishes policy statements,

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 42 of 104 •PUBLIC•

PUBLIC

scientific statements, and clinical practice guidelines. In addition, the Endocrine Society hosts

meetings and conferences to provide opportunities to share the latest infonnation and updates in

endocrinology and to facilitate professional development and networking for members and all

professionals involved in the specialized field of hormone research and clinical endocrinology.

The Endocrine Society also offers educational and training opportunities that cover

all areas of endocrinology, diabetes, and metabolism. The Endocrine Society's Center for

Leaming provides a wealth of activities that afford our members opportunities to pursue and

maintain specialty certifications with regulatory or certifying bodies. The Endocrine Society's

Special Interest Groups and online platforms allow our members to share information with their

peers, learn best practices, and find research collaborations. The Endocrine Society also works

with its members to develop policy positions and educate policy makers about them.

The Endocrine Society's revenue comes predominantly from program service

activities directly related to its exempt educational and scientific purposes. These include journal

sales, educational meeting and registration fees, membership dues, author publication charges, and

other related services. In 2024, these activities generated approximately 86% of total revenue.

Donations and private grants also make up a portion of the Endocrine Society's income. In

summary, funding from member services and educational programs together with broad-based

contributions constitute most of the Endocrine Society's funding. This information is available

from public-facing IRS Form 990s, which also reflect that the Endocrine Society devotes the bulk

of its expenses to program services that directly advance its exempt educational and scientific

purposes, like organizing and hosting educational programs and publishing journals. The

Endocrine Society's latest Form 990 reflecting information from 2024, which has been submitted

but not yet posted publicly by the IRS, continues to reflect our charitable purpose. The majority of

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 43 of 104 • PUBLIC•

PUBLIC

the individuals who work with the Endocrine Society are volunteers, not paid employees. In fact,

the organization relies on more than 2,700 volunteers compared to approximately 80 employees,

demonstrating its community-driven charitable operations.

10.

The organization's financial statements are audited by an independent accountant,

and executive compensation is detennined through an independent process involving review and

approval by independent persons and use of comparability data. These controls ensure funds are

devoted to charitable purposes and protected from misuse.

Guideline Development

11 .

While the Endocrine Society directs its members to potential endocrine-related

research opportunities, the Endocrine Society does not itself conduct clinical research. In other

words, the Endocrine Society's work related to clinical practice guidelines involves working with

our members who are experts in the field to analyze the publicly available evidence. The

Endocrine Society detennines the topics for guidelines, selects an expert writing committee, and

provides the infrastructure for the development and publication by using a robust and rigorous

process that adheres to the highest standards of trustworthiness and transparency as defined by the

Institute of Medicine. The Endocrine Society also follows the Grading of Recommendations,

Assessment,

Development and

Evaluation (GRADE) methodology to develop its

recommendations. GRADE is a transparent framework for summarizing evidence and provides a

systematic approach for making clinical practice recommendations. Additionally, Endocrine

Society guidelines are not developed in a vacuum. Guidelines take an average of 2-3 years to

develop through a multi-step drafting, comment, review, and approval process. There is ample

opportunity for feedback and debate through this years-long development process. Consequently,

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 61 4881 -PAGE Page 44 of 104 • PU

Dt1li'LIC

the Endocrine Society's guidelines represent a high-quality resource to be used for patient care

based on medical evidence, author expertise, rigorous scientific review, and a transparent process.

12.

While designed to be used as a resource, the guidelines are not intended to dictate

the treatment of a particular patient, which is made clear in the guidelines themselves. For example,

and as set forth in its 2017 publication entitled Endocrine Treatment ofGender-Dysphoric/GenderIncongruent Persons: An Endocrine Society Clinical Practice Guideline, which is available to the

public free of charge on the Endocrine Society's website :

The guidelines should not be considered inclusive of all proper

approaches or methods, or exclusive of others. The guidelines

cannot guarantee any specific outcome, nor do they establish a

standard of care. The guidelines are not intended to dictate the

treatment of a particular patient. Treatment decisions must be made

based on the independent judgement of healthcare providers and

each patient's individual circumstances.

Burden of the Civil Investigative Demand

13.

I have reviewed the Civil Investigative Demand (CID) issued to Endocrine Society

by the United States Federal Trade Commission. There are multiple requests that implicate many

different elements of the Endocrine Society's work.

14.

Based on my experience, responding to the requests as drafted would require us to

undertake a substantial and burdensome process of identifying and speaking with a number of

individuals across our organization who may have been involved with our work in these areas,

including at least the Clinical Practice Guideline team, the Publications Department, the

Communications and Media Relations teams, the Executive Office, the Membership Department,

and the IT team as well as the Government & Public Affairs team. Likely, compliance would

require diverting significant time from at least 30-in other words, between one third and one

half-of the organization's approximately 80 employees. In addition to Endocrine Society staff,

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 45 of 104 • PUBLIC•

PUBLIC

responding to the requests as drafted could also require us to interrupt the work of several

Endocrine Society members, including the expert writing panel of the guidelines, the authors of

our position statement and policy documents, the Board of Directors, and other member experts in

transgender medicine who have participated in the Endocrine Society's work. Then, we might

need to seek potentially responsive documents from those individuals. As a nonprofit, the

Endocrine Society's technology infrastructure is not designed to optimize compliance with

complex, litigation-driven processes such as the CID. The Endocrine Society uses a Microsoft

365-based office system that makes it time-consuming to search for or easily sort documents. The

process is especially burdensome when large quantities of documents are required to be filtered

based on complex criteria.

15.

Given the breadth of the requests, Endocrine Society would need to collect

Electronically Stored Information ("ESI") from some or all of the individuals who would need to

be involved in any response to the CID, and we would likely need to retain a third-party vendor to

collect and process those documents. Any collected documents would also need to be reviewed by

attorneys for responsiveness and privilege. Moreover, my team would need to closely review the

responsiveness and privilege determinations, because many of our documents may be highly

technical (including use of acronyms and medical information) or require familiarity or expertise

to properly categorize. Further, many of our documents may involve third parties with their own

privacy interests, or sensitive patient or health data. Screening for this information would require

a substantial commitment oftime and resources from Endocrine Society.

16.

I understand that discovery costs of this type can often run into at least the hundreds

of thousands ofdollars, which has significant budget implications for a 501(c)(3) organization like

our medical society. Approximately ten years ago, the Endocrine Society was involved in

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 46 of 104 •PUBLIC•

PUBLIC

discovery related to a different matter. Even as a non-party to the suit, at that time, our costs were

close to $100,000 plus significant staff time. Consequently, based on the breadth of the CID in

this case, we estimate that our costs could be well over $500,000 plus weeks of IT and other

relevant stafftime. For a nonprofit medical society like ours, this cost and staff burden is not easily

absorbed and would have significant effect on our budget. Our Finance Department is already

considering the budget impact of compliance with the CID and identifying what programs,

products, and services will be affected, moved, delayed, or stopped. Our IT Department also must

consider what the budgetary impact of compliance will be on technology infrastructure plans as

well as its staff capacity and what additional help would be needed.

17.

The work I have described that would be required to respond to the CID as drafted

would divert our staff from the vital, urgent work Endocrine Society does to advance endocrine

practice for patients and endocrine research. It would compromise our ability to deliver on other

critical programs and services of the Society-including the preparation for our annual meeting

and development of educational products and programs such as other guidelines-and hinder our

ability to execute core functions of the Society. In addition, the CID requests would create new

burdens on not only Society member leaders but could also impact rank-and-file members who

volunteered to lend their expertise. Our members, like other physicians and researchers across the

country, are busy with patient and administrative activities. Assisting us in responding to these

broad requests would reduce their time for caring for patients and for research.

Chilling Effect

18.

The CID, as well as other retaliatory actions against the Endocrine Society based

on its views regarding the treatment of gender dysphoria, have also created an environment that

obstructs the organization's ability to freely communicate, to associate with others, and to educate

and advocate with the government. In addition to being one element in that larger pattern of

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 47 of 104 • PUDt1li'LIC

retaliatory action, I believe the CID--which expressly focuses on the Endocrine Society's

protected expression concerning a hotly debated topic-would be independently sufficient to cause

the chilling effect that the Endocrine Society currently suffers under.

19.

As drafted, the CID requests production of internal communications with our

members and partners, internal chats, notes, drafts, social media posts, and private emails. Our

staff and members use these tools to communicate with each other and engage in robust, frank,

and healthy discussion of the Society's work product.

20.

From my discussions with Endocrine Society leadership, staff, members, and

volunteers, I am aware that our staff and members are communicating less, and less freely, because

of the CID. Already, our staff are more cautious about sending written communications. In

addition to disrupting communications between staff, the CID has already created an environment

in which departments and teams affected are pausing some new activities or reducing current

activities out of concern that if required to comply with the CID they will be unable to perform

other duties and responsibilities of their jobs.

21.

Perhaps most significantly, government threats of investigation and legal actions -

as manifest in the CID - are chilling the Endocrine Society's ability to find individuals willing to

work on issues related to the endocrine treatment of gender dysphoria, including the Endocrine

Society's guidelines for care. Several individuals who previously have worked on this topic have

informed the Society that they can no longer do so for several reasons: (1) fear for their personal

security and safety in light of increased harassment and threats of violence; (2) the risk and - in

some instances- threat of being fired from current jobs or losing future employment opportunities;

(3) the risk of being denied future research funding opportunities because of their work on this

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 61 4881 -PAGE Page 48 of 104 • PU

Dt1li'LIC

issue; and (4) for those who are not U.S. citizens, fear that working on this issue will put their

immigration status at risk.

22.

In addition, our media relations team is hesitant to respond to reporter inquiries;

and the Government and Public Affairs Department has paused certain activities related to work

on other issues, such as engagement in coalitions.

23.

This chilling effect will only increase if the Endocrine Society is forced to comply

with the CID. Based on what has already happened and my experience working at the Society and

in this field, I am concerned that our staff and members will avoid communicating with each other

to complete work on Endocrine Society projects and programs; that our members increasingly will

step back from volunteering to work on future clinical practice guidelines, educational sessions

and materials, and participating in Endocrine Society leadership, committees and work groups;

and that new members will fear joining. While Endocrine Society members are committed to

ensuring access to care for individuals with gender dysphoria, we are hearing that our members do

not feel comfortable using our platforms to discuss the issue.

24.

The chilling effect has also impacted our members and will continue to do so. Those

who treat people with gender dysphoria or who are transgender are working in often hostile

environments in which their clinics are subject to threats and in some cases actual violence.

Consequently, some members have requested that we remove their contact information from our

online directory. While this keeps their name out of public attention, it also has the effect of

making it harder for patients to find a physician with this and other endocrine expertise. If these

members learn that their communications with their professional society are now subject to

government investigation, I am concerned that it will cause some to walk away from the Society

just when they need it the most and when their contributions will be helpful to others.

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 49 of 104 • PU

Dt1li'LIC

25.

This CID has also created a notable strain on our activities to help educate policy

makers and the courts about transgender medicine so that they have medical evidence and scientific

information to inform their decisions. As a result of this CID, whenever the Endocrine Society

prepares to submit a new amicus filing, send a letter to the government, meet with a legislator or

government official, or issue a new policy statement, we must consider whether this will result in

future adverse attention from the government, including investigations or possible enforcement

action. This is truly chilling to the Endocrine Society's ability to participate in the policy,

legislative, and regulatory process and share our views as well as clinical and scientific information

with policy makers.

I declare under penalty of perjury that the foregoing is true and correct. See 28 U.S.C.

§ 1746.

Executed on this ~ th day of February, 2026, at

w...~ ,. .

o .....Ula...,.L -- - -

~ 1, -d~~ ..)

MilN.Becker

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 50 of 104 • PUBLIC•

PUBLIC

EXHIBIT 3

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 51 of 104 • PUBLIC•

PUBLIC

BEFORE THE UNITED STATES

FEDERAL TRADE COMMISSION

In the Matter of

The Civil Investigative Demand dated January

15, 2026, to The Endocrine Society

FTC Matter No.: P264800

STATEMENT OF COUNSEL PURSUANT TO 16 C.F.R. § 2.10(a)(2)

Counsel for the Endocrine Society, Cooley LLP ("Cooley"), respectfully subm its this

statement pursuant to 16 C.F.R. § 2.1 0(a)(2) in support of the Petition to Quash the Civil

Investigative Demand filed by the Endocrine Society on February I 0, 2026.

The Endocrine Society received the Commission's C ivil Investigative Demand on January

20, 2026 (the "CID"). On Tuesday, January 27, 2026, Cooley emailed Commission staff and

requested an initial meet and confer that same week or early the next. Commission staff responded

the same day, and the first meet and confer was scheduled for Friday, January 30, 2026.

On January 30, Cooley met with Commission staff via videoconfcrence to discuss the CID.

Present on the call were Heather Sawyer, Raymond ("Ray") P. Tolentino, and Dev Ranjan from

Cooley and Jonathan Cohen, Gregory Ashe, and Hans Clausen from the Commission. Annie

Chiang and Jennifer Hitchock were also present but were not visible on the videoconference; Mr.

Cohen described them as detailees to the Bureau and in the room with him.

Cooley and Commission staff discussed the CID at a high level. Commission staff asked

Cooley to confirm that a litigation hold had been put in place, which Cooley confirmed.

Commission staff also asked about the Endocrine Society's production and retention policies,

whether Al means would be used for responding to the CID, and for confirmation that Cooley

would provide privilege logs contemporaneous with any productions. Cooley responded that it

had started discussing these questions with its client, that it did not believe but did not yet know if

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 52 of 104 •PUBLIC•

PUBLIC

Al would be used for document review, and that it would respond to the Commission with

additional information as soon as possible. Cooley asked the Commission to explain whether it

believed the Endocrine Society was within its jurisdiction and whether the Endocrine Society was

itself being investigated. Commission staff declined to answer whether the Endocrine Society was

a subject of its investigation and stated that, although Endocrine Society might be the subject of

the Commission's investigation, the Commission also issued ClDs to entities it was not

investigating. Cooley also asked what underlying conduct relating to marketing or advertising the

Commission was investigating and noted the significant legal concerns that would arise if the

Commission purported to have the power to hold entities liable for noncommercial statements of

scientific or medical opinion.

Commission staff responded with a hypothetical in which a

nonprofit dental association makes a claim that a treatment is safe or effective. Commission staff

stated that, if that claim were disseminated to the association's members, who then conveyed it to

consumers, the Commission believed it could regulate the underlying speech by the nonprofit

entity. Commission staff took the position that this could fall within the Commission's regulatory

authority but declined a request from Cooley to describe their legal theory in greater detail or

provide authority supporting their position. Cooley also stated that, on preliminary review of the

CID, several provisions seemed overbroad. Cooley identified several requests that were explicitly

not time limited as an example. Commission staff stated they would respond after the conference

with a proposal to narrow those provisions.

Commission staff proposed a rolling production schedule with the first two priority

requests, Document Requests Nos. 9 and 11 , due on February 20, 2026, and asked that Cooley

waive its right to petition to quash or contest service. Cooley said it would need time to consider

the proposal and asked if Commission staff might consider including an extension of the deadline

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 53 of 104 • PUBLIC•

PUBLIC

for a petition to quash as part of its proposal, so as to afford Cooley and its client time to consider

the proposal and allow for further discussions with the Commission. Commission staff stated that

the deadline could not be extended without Cooley's agreement to begin production on the

Commission's terms, including completion of the two priority items by February 20. Cooley noted

that this completion date accelerated the return date of March 16 by nearly a month and that an

extension of two weeks for the petition to quash (to February 24) would alleviate the pressure of

having to decide whether to petition to quash before the parties had sufficient time to try and reach

agreement. Cooley also said that, because its proposed petition deadline still would come before

the March 16 production deadline in the CID, a grant of the extension on the petition to quash to

February 24 would not impact that production deadline or prejudice Commission staffs ability to

move the investigation forward on its timeline. Commission staff stated again that the deadline

would not be extended without Cooley's agreement to accelerate production.

On Monday, February 2, 2026, Commission staff emailed Cooley their proposal that the

parties had discussed during the January 30 conference. That proposal required the Endocrine

Society to accept service, relinquish the right to petition to quash, and continue to engage with

Commission staff in good faith. Assuming the Endocrine Society accepted these conditions, the

proposal offered the following production schedule: the Endocrine Society would respond fully to

Document Requests Nos. 9 and 11 by February 20; respond fully to five document requests and

five interrogatories of its choosing, by March 20; and respond fully to all remaining requests by

April 20. Commission staff said that the deadline for the petition to quash could be extended only

if Cooley agreed to respond fully to Document Requests Nos. 9 and 11 by an agreed date.

On Tuesday, February 3, 2026, Cooley responded by email and said that it had made

progress on Commission staffs requests and asked for another conference the next day at 4:00

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 54 of 104 • PUBLIC•

PUBLIC

p.m. or for Commission staff to propose additional times later in the week. Cooley also said that

it continued to have serious concerns about the Commission's jurisdiction to investigate the

Endocrine Society or to request the materials or answers in the CID. Cooley stated its view that

the CID also violates the First and Fourth Amendments and its corresponding concern about the

broad scope of the Commission's requests. Cooley acknowledged the Commission's willingness

to revise some of the requests that sought infonnation "regardless of time period" but stated its

concern that the revised time frame (January 1, 20 14, to the present) still requested twelve years

of documents and remained overbroad and unduly burdensome. Cooley stated its view that, while

some of these concerns would justify the Endocrine Society's refusal to comply with the CID in

toto, it was prepared to move forward in good faith to discuss how the CID could be substantially

narrowed, and that it was prepared to discuss a timcline for producing on Commission staffs two

priority requests (Document Requests Nos. 9 and 11) and to discuss what specific documents were

being requested to ensure a meeting of the minds on those requests. To facilitate that compromise

and allow for discussions, Cooley requested a one-week extension of the deadline for a petition to

quash.

Commission staff responded on February 4, that they were not able to meet at 4:00 p.m.

that day but could meet on February 5, at 5:00 p.m. or on Friday, February 6, at 2:00 or at 4:00

p.m. Commission staff also asked that Cooley explain what the Fourth Amendment issue was.

Cooley responded, accepting the meeting for Thursday, February 5, and saying that it would be

happy to talk through its Fourth Amendment concerns during that next meeting. Exhibit 6 at 2.

On February 5, Cooley met with Commission staff via teleconference. Present at the

meeting were Heather Sawyer, Ray Tolentino, and Dev Ranjan ; Jonathan Cohen and Hans Clausen

from the Commission were present on video and Mr. Cohen represented that Annie Chiang was

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 55 of 104 •PUBLIC•

PUBLIC

with him in the room. Cooley started the meeting by stating that, given the deadline on the petition

to quash, it wanted to review its concerns regarding the Commission's legal authority and the First

and Fourth Amendments. Cooley also asked Commission staff to confirm that, absent any

extension, the current deadline for Cooley's petition to limit or quash the CID was February 10.

Cooley then reiterated its concerns about the Commission's jurisdiction. Cooley explained that

publicly available documents confirmed that the Endocrine Society is a true charitable nonprofit

and therefore outside the Commission's enforcement jurisdiction. Cooley further conveyed its

understanding that the Commission's investigatory jurisdiction was not limitless, especially when

the CID it had issued was sweeping and burdensome and raised constitutional concerns. Cooley

detailed its constitutional concerns as based on the First Amendment rights to speech, assembly,

petition, and association.

It explained its Fourth Amendment concern as tied to the First

Amendment burdens imposed by the CID and the unreasonableness of the Commission's requests .

Cooley also said that, despite these concerns, the Endocrine Society remained willing to discuss

whether there was information it could provide but that compliance would require a narrowing of

the requests.

Commission staff asked that Cooley explain its argument concerning the First Amendment

right to petition, and Cooley did so- pointing out, as an example, that Document Request No. 7

in the CID would require it to produce documents based only on the Endocrine Society's

communications with legislatures and regulators. Commission staff offered to limit Document

Request No. 7 to publicly available information. Commission staff further said that, although the

CID requested all drafts and prior versions of any documents produced, it was willing to defer

decision on whether the Commission would require compliance with that aspect of the CID until

a later time. Cooley explained that even those limitations would not fully allay First Amendment

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 56 of 104 •PUBLIC•

PUBLIC

concerns, but that it would discuss this with its client and that the Endocrine Society might be

willing to voluntarily comply with the production request if some agreement could be reached on

what would be produced that would reduce the burden of identifying, collecting, reviewing, and

producing it.

Cooley stated that, as a gesture of good faith , it would be willing to comply fully with one

of Commission staffs priority requests (Document Request No. 11) by providing Financial

Statements by February 20, as Commission staff had proposed.

Cooley also stated that it might be possible to reach a compromise on Commission staffs

other priority request, Document Request No. 9. Cooley said that because of the CID's definitions,

many of the terms in the request were overbroad and impossible to comply with. Cooley asked if

Commission staff would be willing to narrow the request to official statements by the Endocrine

Society disseminated to the public that contained substantive discussion of treatment for gender

dysphoria. Commission staff rejected Cooley' s narrowing proposal. Instead, Commission staff

requested that Cooley propose search terms, a timeframe for a search, and a timeline for production

by Saturday. Commission staff stated that this approach was necessary to show Cooley's good

faith in the negotiation process.

Cooley pointed out that it had already agreed to comply fully with Document Request No.

11 by the proposed deadline, and that this showed its good faith. Cooley said that it was unlikely

it would have sufficient time to discuss and define search terms with its client by Saturday. Cooley

asked that it be given until early the following week to provide proposed search terms and for an

extension of time on the petition to quash to make this possible. Cooley pointed out that, without

an extension, Cooley would be required to both draft a petition to quash the CID and

simultaneously develop and obtain the Endocrine Society's approval for binding search terms, all

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 57 of 104 •PUBLIC•

PUBLIC

in two business days. Cooley stated that accomplishing both tasks on that timeline was likely not

possible. Commission staff rejected that proposal and stated again that they would not agree to

grant any extension on the deadline for the petition to quash until Cooley had proposed and the

Commission had reviewed and approved search terms and custodians.

Cooley stated that, given the impending deadline on the petition to quash, it would reiterate

the bases for its objections to the CID to ensure it was complying with statutory requirements and

asked Commission staff to confirm their understanding that Cooley had sufficiently raised

objections to the CID. Commission staff stated that they would not confirm that understanding

and asked why Cooley had not attempted to speak with them earlier regarding its objections.

Cooley stated that, after the first meet and confer, it had taken a few days for Commission

staff to provide a proposal, to which Cooley responded the next day and asked to meet with

Commission staff the day after that. Cooley said that if Commission staff were open to adjusting

the CID in light of Cooley's arguments, a short extension on the petition to quash would give

additional time for discussion and the possibility that the parties might reach an agreement.

Cooley reiterated that it had raised First Amendment concerns with the CID, including

viewpoint discrimination and retaliation. Cooley explained that the Administration had taken the

position that there are only two sexes (male and female), that sex assigned at birth is controlling,

and that those who expressed contrary views should be subject to investigation and potential legal

action. Cooley stated its belief that the CID was part of this retaliation against viewpoints that the

Administration disagrees with.

Commission staff stated that they considered Cooley's First Amendment retaliation

argument to be waived. Cooley disagreed that the argument was waived because it was being

raised at the conference and had been raised previously during the meet and confer process.

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 58 of 104 • PUBLIC•

PUBLIC

Commission staff asked Cooley to explain the basis for its retaliation argument and Cooley noted

that several actions and statements by the Administration appeared to target proponents of gender

affirming care. When Commission staff asked for specific evidence of FTC statements or actions

demonstrating retaliation, Cooley further noted that the CID appeared to prejudge the Endocrine

Society 's statements on gender affirming care. Commission staff rejected that view and asked for

further evidence of FTC statements or actions. Cooley referenced a memo of now-FTC Chair

Ferguson that had been both publicly reported and relied on as evidence of retaliation in the Media

Matters case. Cooley further stated that it believed that many of the principles from that case are

applicable here. Commission staff disagreed and restated that the Endocrine Society had forfeited

its right to raise this argument.

Cooley asked on what basis Commission staff would claim the argument was waived given

that it was being raised during the meet and confer process and prior to the deadline for the petition

to quash. Commission staff stated that the CID requires all objections to the CID to be raised

within 14 days of receipt. Cooley responded that it had done so and that, if Commission staff were

open to discussing these points and wanted to consider them further, the Commission could extend

the deadline for the petition to quash for a few days to allow for that discussion . Commission staff

reiterated their belief that the argument was waived, stated they would send a follow-up written

communication, and ended the conference.

Commission staff confirmed by email that evening that they agreed that Cooley's deadline

for its petition to quash for February I 0.

On February 6, Cooley emailed Commission staff to memorialize the conversation at the

previous day 's conference. Exhibit 6 at 7-9. Cooley also reiterated its belief that the Endocrine

Society's First Amendment retaliation claim was not forfeited. Cooley asked that Commission

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 59 of 104 •PUBLIC•

PUBLIC

staff alert it by noon whether they would agree to grant an extension of the deadline for the petition

to quash.

On the evening of the same day, Cooley received a letter from Commission staff. Exhibit

6 at 12-16. The letter said that Cooley had not raised its First Amendment retaliation claim early

enough and, as a result, that it had waived all objections to the CID because it had not complied

with 16 C.F.R. § 2.7(k). Id. The letter also said that, during the meeting the day before, Cooley

had "yell[ed]" and made "thinly-veiled, offensive (and false) accusation[s] against FTC attorneys. "

The letter also modified the CID to accommodate two of Cooley's objections. First, it modified

references to ''Organization," "You," and '·Your" by construing "members" within the definition

of those terms to only apply to "LLC members" and not members of the Endocrine Society.

Second, the letter stated that Document Request No. 7 would be satisfied if Cooley (1) provided

Commission staff with a list of publicly available material that the Endocrine Society had provided

to legislatures or regulators that was sufficient to enable Commission staff to retrieve the material

themselves, and (2) additionally produced all non-publicly avai lable materials provided to

legislatures or regulators to Commission staff.

Cooley responded by letter on Monday, February 9. Exhibit 6 at 17-18. Cooley stated its

disagreement with Commission staff's positions and reiterated that, despite Coo ley's position that

the FTC was not entitled to compel production of the information requested in the CID, it remained

willing to engage in further discussions with Commission staff in an attempt to reach some

agreements on voluntary production.

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 60 of 104 • PUBLIC•

PUBLIC

Dated: February 10, 2026

1299 Pennsylvania Aven ue NW

Suite 700

Washington, DC 20004-2400

Telephone:

+ 1 202 842 7800

Facsimile:

+ l 202 842 7899

Counsel for Petitioner the Endocrine Society

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 61 of 104 * PUBLIC *

PUBLIC

EXHIBIT 4

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 62 of 104 * PUBLIC *

PUBLIC

.f, 3Jnqn N. 111!lrinmell,

<>f!ltateoj'tk!Aater/'!l}eUutJfM'.e;

ho qereby certify thattheakweautd/Jnee?ohi?i&abueautdcor4eotcofo? o/

Yeo')(e~

Certificate of Incorporation of "THE ASSOCIATION FOR TfIE STUDY OF

INTERNAL SECRETIONS", as received and .filed in this cffice the

thirty-first day of January,A.D. 1918, at 1 o clock P.M.

i I

!I I

•

---

•

•. I

, ..;tl~'J.. ,w;·~ ..

•

3Jn IDe.atimnuy lll!l~ereof, . fluweluw.ewnh4e~-m71lwmd

am,dofl:cidt1eafat!i)o11te,?!/hia

o/-

October

oeventh •

i,n{/wile((/)(uj'oW)l !/l;?'d

,,./

··

•

J __ -d

one uwuawna

nvne

fttvnWJCe

rond.

.....

~--

-':·:·:,i llt~rn

,v:

,i.•.

4 -~ V " ~

dCV/1

fifty- oeven.

,I'

1.nu.) v| OFFICE

~u•, .I. '.,1.ll.,!

FEDERAL TRADE COMMISSION

OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 63 of 104 * PUBLIC *

PUBLIC

CERTIFICATE OF INCORPORATION

THE ASSOCIATION FOR THE STUDY

01'"" INTERNAL SECRETIONS

• I

FIRST .

The name of this corporation is "THE ASSOCIATIONi

FOR THE STUDY O:F' INTERNAL SECRETIONS . 11

SECOND.

Its principal office in the State of Delaware

i s to be located at 901 Market Stree t , in the city of Wilmington,

County of New Castle, and the name and address of its resident

agent is CORPORATION COMP.ANY OF DELJ\.~·/ARE , 901 Market Street,

Wilmington, Delaware .

THIRD. The nature of the business and the objects and

purposes proposed to be transacted, promoted and carried on,

are to do any or all of the things herein mentioned , as fuJ.ly

and to the same extent as natural persons might or couJ.d do ,

viz:

The promotion of scientific research and study, the

----

diffusion of information therefrom obtained by lecture, publication or otherwise; the printing, publishing and distribution of

books , periodicals , or similar articles on scientific subjects,

with power to sell or to donate s:ch publications ; to own, buy

and sell scientific apparatus and equipment, to own and maintain

laboratories and libraries.

•

To purchase , take, own, hold , deal in, ,mortgage or

otherwise lien and to lease, sell, exchange, transfer or in any

manner whatever dispose of real property, wherever situated .

To manufacture, purchase or otherwise acquire and to

hold, own, mortgage , pledge , sell, transfer or in any manner dis- j

pose of, and to deal and trade in goods, wares, merchandise and

personal property of any and every class and description and

wherever situated.

-1-

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 64 of 104 * PUBLIC *

PUBLIC

To purchase or other wise acquire , hold , ~se , s ell or in

any manner dispose of and to grant licenses or other rights

therein and in any CJanner deal with inventions , impr ovement s ,

processes , trade-mar ks , rights , and licenses secured under letters patent, copyrights or otherwise .

To enter into , make and ~erform contracts of every

kind for any lawful purpose, without li □it as to amount , with

, any person, firm , association or corporation, town , ci t y, county,

,, state, ter ritor y or government.

,:,,

To draw, make, accept , endorse , discount , execute and

bills of exchange , warrant s ,

'I issue promissory notes, drafts,

•1

debentures and other negotiable or transferable i nstr uments .

To issue bonds, debentures or obligations and to secure

' the same by mortgage, pledge, deed of trust or otherwi se .

To have one or more offices out of t he State of Delaware

and to carry on business and to promote its objects without restrictions as to place or amount.

To do any or all of the things herein set for th to the

same extent as natural persons might or could do and in any part

of the world, as principals , agents , contract ors , trustees or

otherwise, alone or in company with others .

FOURTH.

The corporation shall have no capital stoc~ and

the conditions of membership shall be as follows ; Graduates in medicine whose training and interests make

them able to promoto the knowledge of internal secretions , and

laboratory workers, whose qualifications have been approved by

the council of the association, shall be eli gibl e to membership

and rnay become members by being elected by the council.

FIFTH .

The name and place of residence of each of the

incorporators is ns follows:-

----

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 65 of 104 * PUBLIC *

PUBLIC

NAME

RESICEl~CE

C.- E. deM. Sajous

Philadelphia, Penna.

L. F. Barker

Baltimore, Mi.

Emil Goetsch

Baltimore, Md.

SIXTH.

This corporation is to have perpetual existence. 1I

SEVENTH.

The private property of the members shall not !

be subj ect to the payment of corporate debts to any extent whatever.

EIGHTH.

In furtherance and not in l imitation of the

powers conferred by the laws of the State of Delaware , . the board

of directors, which shall be o.t herwise known as the council., is

expressly authorized : To make and alter the b:r-laws;

To fix the amount to be reserved as working capital and

1•

to authorize and cause to be executed mortgages and liens upon

the property and franchises of this corporation;

From time to time to determine whether and to ¼hat extent _____

and at what times and places and under what conditions and regulations the books and accounts of this corporation, or any of

them shall be open to the inspection of the members; and no menber shall have any right to inspect any account or book or document of the corporation, except as conferred by law or authorized

by resolution of the council or of the members .

If the by-laws so pr6vide, the lilembers and the council

shall have power to hold their meetings and to keep the books of

this corporation (subject to the provisions of the statute) outside of the State of

Delaware at such places as may from time

to time be designated by them.

This corporation may in its by-laws confer powers addi- ,

tional to the foregoing upon the council , in addition to the pow- 1

ers and authorities expressly conferred upon them by law.

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 66 of 104 * PUBLIC *

PUBLIC

The directors or members of the council and all elected

or appointed officers or officials, shall be subject to recall

or displacement from office at any ti~e, by a majority vote of

the members of the assbciation , which right of recall shall be

exercised only at a special recall meeting , called by the president or secretary at the place of the last annual meeting, upon

written request signed by twenty per cent. of the membership,

fixing the time for such meeting , provided that two weeks' notice

' of such meeting shall have been given to each member of the association in the manner prescribed by the by-laws of the association for calling of special meetings .

In case of vacancy in any

office through the exercise of the recall of such meeting, a

' majority vote of such meeting shall fill such vacancy.

The objects specified herein shall, except where otherwise expre ssed, be in no way limited nor restricted by reference

to or inference from the terms of any other clause or paragraph

of this certificate of incorporation.

The objects, purposes and

po~ers specified in each of the clauses or paragraphs ~n this

; certificate of incorporation shall be regarded as independent

objects, purposes and powers.

7he foregoing shall be construed both as objects and

powers and the enumeration thereof shall not be held to limit or

restrict in any manner the general po·,:ers conferred on this corporation by the la•,:s of the State of Delaware .

This corporation reserves the right to acend , alter ,

change or repeal any provision contained in this certificate of

incorporation, in the manner now or hereafter prescribed by law,

and all rights conferred on officers, council and members herein

are granted subject to this reservation ..

-4--

-----

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 67 of 104 * PUBLIC *

PUBLIC

WE, THE UNDERSIGNED, being all of the incorporators,

for the purpose of forming a corporation, i~ pursuance of an

Act of the Legislature.. of the State of Delaware, entitled 11AM

1\.CT PROVIOING A GENERAL CORPORATION LAW, 11 (approved March 10,

·,

1899) and the acts amendatory thereof and supplemental thereto,

do make and file this certificate of incorporation and do certify:!

that the facts herein stated are true and accordingly hereunto

have set our respective hands and seals this 30th day of January,

A.D. 1918.

In the presence of

D. w. Coster. Jr.

R. G. Ehrman

c. E. deM. ~51,jQU~

(SEAL)

Lewell:X: F. Barke:i,:

(SEAL)

Emil Goetsch

(SEAL)

-----

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 68 of 104 * PUBLIC *

PUBLIC

STATE OF' PENNSYLVANIA

COU?HY OF . PHILADELPHIA

)

:SS.

)

BE IT REMEMBERED that on this thirtieth day of January, ;

A.O. 1918, personally.appeared before me, the subscriber, a Notary

,,,

Public for the State of Pennsylvania, c. E. deM. Sajous, a party

to the foregoing certificate of incorporation, known to me per-

sonally to be such and I having first made known to him the contents of said certificate, he did acknowledge that he signed,

i·I

sealed and delivered the same as his voluntary act and deed and

the facts therein stated were truly set forth.

GIVEN under my hand and seal of office the day and year

afore said.

Caroline F. Simon

NOTARY PUBLIC

Commission Expires Feb. 21·, 1919

CAROLI11E F. SIMON

NOTARY PUBLIC

PHILADELPHIA, PA.

-6-

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 69 of 104 * PUBLIC *

PUBLIC

·,i

STATE OF MARYLAND

)

comrrY OF BALTIHORE

)

ss.

BE IT REMEMBERED that on this 24th day of January, A.D.

1918, personally appeared before me, the subscriber, a J.Totary

Public for the State of Maryland, Emil Goetsch, a party to the

· !

foregoing certificate of incorporation, known to me personally to :

:i be such, and I having first made known to him the contents of

said certificate, he did acknowledge that he signed, seal ed and

":II' delivered the same as his voluntary act and de~d and that the

!i,.

i:,;

·I

facts therein .stated were truly set forth.

GIVEN under my hand and seal of office the day and year

!!,; aforesaid.

Raymond G. Ehrman

Notary Public

•!

i;I,

RAYMOND G. EHRHAN

NOTARY PUBLIC

BALTIMORE CO. MD .

-----Ii

-7-

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 70 of 104 * PUBLIC *

PUBLIC

STATE Oi.i' 11.4.RYLAND

COUNTY OF BALTIMORE

)

: ss.

)

BE IT RE:•iEiiffiE;RED that on this 25th day of J anuary, A.D. !

1918, personally appeared before me, the subscriber, a Notary

Public for the State of l•iaryland , L . F . Barker , a party t o the

foregoing certifi cate of incorporation, lmown to me personally

to be such, and I having first made known to him the contents

of said certificate, he did acknowledge that he signed, sealed

and delivered the same as his voluntary act and deed and that

the facts therein stated were truly set forth .

GIVEN under my hand and seal office the day and year

aforesaid.

RaYmond G. Ehrman

Notary Public

RAYMOt-."D G. EHRMAU

NOTARY PUBLIC

BALTII'1CRE CO. HD.

-----

-8-

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 71 of 104 * PUBLIC *

PUBLIC

EXHIBIT 5

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 72 of 104 * PUBLIC *

PUBLIC

THE ENDOCRINE SOCIETY

CERTIFICATE OF INCORPORATION

CERTIFICATE OF INCORPORATION OF THE ENDOCRINE SOCIETY

FIRST:

The name of \his corporation is THE ENDOCRINE SOCIETY.

SECOND:

The principal office of the corporation and its place of business in lhe State of Delaware shall be 4305 Lancaster Pike,

County of New Castle, Wilmington, Delaware.

THIRD:

The corporation shall be organized and operated exclusively for educational and scientific purposes within the meaning of

Section 501 (c)(3) ol the Internal Revenue Code ol 1954, as amended. Solely in ·l urtherance thereof, i1 shan promote

research and study in the science of endocrinology. the dittusion ol information lherehom obtained by lecture. publication or

otherwise; and i\ shall print. publish or distribute books, periodicals or similar articles on scienlirlC subjects relating lo

endocrinology. 1t shall be authorized to own, buy and sell scientific apparatus and equipment and oWn and maintain

laboratories and libra1ies in furtherance of the educational and scientific purposes staled in this Article TI-llRD. The

C()rporation shall not exercise any powers or conduct any activities which are not pennissible under the laws of the State of

Delaware or allowed an educational or scientific organization described in Section 501 (c)(S} of the lntemal Revenue Code.

FOURTH:

The corporation shall have no capital stock. It shall be a membership corporation, the conditions of which shall be stated in

lhe bylaws or shall be as otherwise determined by the Council.

FIFTH:

The name and place of resldence of each ol the incorporators is as follows:

NAME

RESIDENCE

C.E. deM. Sajous

LF. Barker

Emil Goetsch

Phi'ladelphia, Penna.

Baltimore, Md.

SIXTH:

The corporation shall have perpetual existence. In the event of the terrninatlon of lhe corporatioh, all as.sets remalning after

payment of, or provision of. its debts shall be distributed for exclusively educational and scientific purposes wilhin the

meaning of Section sot (c)(3) of the Internal Revenue Code.

;E.VENTH:

nie personal assets and !he ptivate property of the officers, employees, Council. and members shall not be subject lo the

payment of any corporate debts or liabillties, to any extent whatsoever; nor shall any officer, employee or member of the

COuncil or the corporation be personally liable for any ad Of failure to act taken in lhe name of, or on behalf of, the

corporation, except fer willful neglect or gross negligence.

EIGKTH:

(a) In furtherance and not in limitation of the powers conferred by the Stale ol Delaware, the Council, which is the governing

body of the corporation for purposes of all such references contained in the Delaware Gerieral Corporation Law, is expressty

authorized: to make, repeal, alter o..- amend the bylaws; to fix the amount of fund s, or assets, to be reseived as working

capital of !he corporation and authorize and cause to be executed mortgages, liens and other lines of credit upon the

property or property rights of the corporation; from lime to time, to determine whether and lo what extent, and at what limes

and places, and under what conditions and regulations, the books, records and accounts of !he corporation, or any oflhem

shall be open to the inspection of the membership; and no member shall have any light to inspect any account or book or

document of the corporation, except as conferred by the laws of the State of Delaware. or as authorized by resolution of the

Council, or as authorized by resolution of the members. Members and Council shall have the power to hold lheir meetings,

and keep their books, to the extent provided by law. outside lhe State of Delaware. at such places as may from time to time

be determined by the Council. The bylaws are authorized to confer additional powers on the Council beyond those

expressed herein including powers which set forth the time, place, procedure and appeal rights for the removal of any

individuals from membership, or from any corporate office or committee, or from membership on lhe Council, provided.

however, that the vote for removal may not be fess than the vole of lhe members required lo elect lhe individual to the

position or status j.eopardized including membership, corporate office , Council or committee as context requires. If a

procedure is established tor such removal, the bylaws shall provide the means to fill such vacancy caused by suet, removal.

(b) The Council reserves the right to amend, alter. change or repeal any provision contaifled herein or in the Certificate of

Incorporation, as amended, or in any amendments thereto, in the manner now or here-after prescribed by the laws·of th

State of Delaware and all rights conferred upon officers, Council and members by the bylaws shall be exercised in

recognition of this reservation .

•

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 73 of 104 •PUBLIC •

PUBLIC

F'AG£

"\att ol ~ t ll!llttr ~

Ml:CH A I==~

1-IARKJ:NS,

SE:CRETARY OF' STATE: 0 1"' THE ST AT F. OF

OEl-AWARE 1,0 HERE.BY CEF~T !FY THE ATTACHED J'.S A Tf~U1=: AND CORRECT

Fl.LED

IN . THIS Of'FlC~ ON 'fME T H:CRTEENl"H DAY OF JULY ,

0 ' CLOCI(

1987,

A. H .

HENTlCATlON:

871940027

A - D-

DATE:

l 13697 94

08/20/1987

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSC~R NO.~ 14881 -PAGE Page 74 o~t)l3t,~~IC •

FILED

Wl-1s 1987

CERTIFICATE OF ~ENDMENT

#F~l.~\

r~:~::!:'

THE ENOOCRINe SOCIETY

The Enaoccine society,

a corporation organized and

existing under the laws of the State of oetaware ,

hereby

cectifies as fo l lows;

(l>

Thac the members of tne governing body of said

corporation, at a

meeting du1y convened and heid on

the Ninth day

of January, l987, at 8:30 o'clock A,M., duly proposed amendments

to i ts Certificate . of Yncor~oration and at said meeting du1y

passed a

declaring

resolutioo setting forth the amendments proposed,

th~ir advisabi1lty and cal1ing a

governing body of said corporation Ear

said meeting being called on a

and not later

meeting of

the

the consideration thereof,

date not earlier

t~an t i f t e en days

than sixty days from ~he meeting ac which the

afocementioned resolution had been passed.

(2)

That thereafter on the Seventh day of Marc h,

l987,

at 8:30 o 1 clack A.P'l., pursuant to such cal.J. and co due and

wricten notice thereof given to each of t h e members of

governing body more than 56 days prior to such date,

the

all as

requireo by the bylaws of ~he coLporacion ,

a special meecing o~

che members ot the governing body was held

and there were present

es t:. s uch meeting ac l.east:

majoi:1.1:y o,: crie members ot! cl)e who:ie

number of said governing body of

wit;

l. 3.

(3)

the corporation,

the

Tha t

at sai~ special meetin g a vote of the members

governing body was

taken for

the Certificate of Incorporation,

Eoll.ows-;

Se.e attached ~endmen t. .

and ag ainst

the amendment to

sa i d Arr1endment being as

...

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 75 of 104 •PUBLIC•

PUBLIC

(4>

Th~t at

sa~d specia1 meeting of

the memb e rs of

t he

governing body 13 out of the 13 members t h ereof voted in favor of

saiQ

amendment.

IN WITNESS WHEREOF, cne said The enaocrine Societ¥ ha s

made, undet its corporate seal and ~he hand of Roger Guillemin,

M.o., Ph.D,,

its Presiqent and Attested by its Secretary ,

foregoing certificate,

the

and the said President and Secretary have

hereunco severatiy sec tne1c nan~s and cause the corporace seal

o:f the corporation to oe her eunto affixed and memorial.ized on

chis Sevenc ~

day o~ Mar ch,

A.O.

198 7 .

Rog1er Gui l.1 em in, M. D. ,

f't:esident

(Corpocat:e Seal.]

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 76 of 104 • PUBLIC •

PUBLIC

CERT1FICAT£ OF AM~NDMEN~

TO THE

CERT~~ICATE OF lNCORPORATlO~

THE ENDOCRIN E S OCIETY

The Endocrine Society ,

c he purpose o f

amen~ing i~s

of the Delaware General co,pocation Law,

242(b) (3),

and

for

in accor4qnce wi~h such othec statutes and

provided ,

as amended ,

rules as may be

does hereby certify:

FIRST;

The Endocrine Society is a

corporacion creat e d

and

existing under che laws of the State of Delaware_

The principai office - ana piace oE business of said

cocpocation in the State of DeLaware is 4305 Lancaster Pi ~~ ,

C ount~ of New Casc1e ,

wiimingto n,

the agent in cnarge thereof

Delawacd 19805 and

the

n ame c f

i s the Cocpo r acion Company o f

Del.aware_

THIRD:

The governing boay of the corpora ci on,

Counc11 , ac a meeting duiy called and held

Known as che

on the Ninth day of

January, 1987, aid f1naL iy cesoive and aec1ace:

(a }

That wi~hin pacagraph EIG BTH(a) ,

the foll o~in9

words are scclc~en in cheir en~1recy 1

"to malte,

repeal,

alt:ec or amend t: he bylaws; "

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 77 of 104 * PUBLIC *

PUBLIC

( b)

words are inserted between the words"•* *

expressly

auchoc-ized:" a nd "co fix the amount** •" :

"to ma Ke,

cepeal,

al cer or amend the

bylaws purs~ant co a n d in accorda nce with

provisions of the bylaws for suc h Council

amendments;'"

FOURTH:

The Council ot cbe Endocrine Soc~ety mec on t h e

Seventh day of March,

than majority vote,

1987 anQ adopted a

cesolucion

a gL eat er

setting forth the amendment contained herei n.

and said resolution declared che advisability of their

adoption.

Said resolution dir ected

the ~resident and Seccetacy-

Treas~rer of t~e corporation co execute,

acknow1edge,

fi le and

record said amendmen ts in accocdance with tne laws of D~l a wace .

SIXTH:

Pursuant to Section 2 42 (b ) (3)

corpocation Law,

of the Del.aw,u: e

this a~endmenc is adopted without the a~pcova~

of the members of the corpo~ation p~rsuan c to the a~thocity

contained in the Cet t i f icate of Incorpor a tion.

as amended, and

che amendments contai n ed hecein snali bec ome ef fective on t he

dace approved by the State of Deiaware,

i n accordan ce with

section 103 of the Delaware co,poracion Law .

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 78 of 104 • PUBLIC •

PUBLIC

State

DELAWARE

Office of SECRETARY OF STATE

I , Michael ttarkins, Secretary of State of the State of Delaware,

do hereby certify that the attached is a true and correct copy o!

Certificate ot _ _ _ _ __Am

_ en

_ a_m_f'_n_i: _

filed in this office on _ __A_u.;...

gu_ s_r_ l _s_. _1_9_B_6_ _ __ __ _

DATE· _

Form 130

o=.c:::.:i::.:o:.:

p:.=e..::.

r_:_H:.:,~ l:.:..9_8__:_

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 79 of 104 • P~~iLIC

CtkTl rlCATC

FILED

ANf~tlH t~r

l~c~rpos•tl~b

•~~

•I •••d •••&ln& dwly p••~ ~d a re1ol~ t 1o A a•~ Cl n & lor~~ t.hw

- • - c D l t - prOP<>• •4- 4e c: 1•"'"& <b•lr ·~~• -•b1 llltr · - C•lllft¥ • - · · · - o f

11.- r,c- "ov• 4:"'11 1n4

"llo,..d., 4,r

561d

C.6'C'po f'•C.t.ein.

lo~

lf\.e

.C.~ta.•'-4•1'•C..l,o.•

llh•'•• f.,

•&Id

~-•~,~- b•'"• ~•lle4 ~- • O•~• GO~ ••tli•~ ChaQ f11~••~ d•ya •n4 ao~ l•~•~

ltt,.,\ ....... y

4•y~ f Toa <h• _ _ ,.,.._ •• \#fl lc:h C"• •for--1>1lo"od 1'04 0 \IIC:lOA "-'4

li•.cU P,.-a•.-4•

(:z}

B· H i

A. l

~ ~ ~l~•

t~•~•of ~•v•a ~o •• ~ ~ • I ~~-

•H .

. . . . _h • r •

ol c~.

•

•......,lA4

4•y • pTlO"f c:o auu, 4•• ·- •H • • ...,u,, ... lltv 011, bJ' • l -•

~~•

o f

c~ • •

'U>Q.

COJpoJ•ll~h • • •p• Clal _ . , , . . of'"· - " • ··"' ltb■ JD~ ■ roJ»a •o4y .... . . . . . .

e-.4 IMJ ♦ ' " " • ps• •-a c al ,~~b -•ll"5 al t •••• a -Jorlt~ of Che -a..c:a of

C>>

~M~ - •

n..c: at••&• -• •aa • voe:. of '"• -'>•c:• or,~. 10••--•--

,aa..~ f•• •"'11 ••••Aal , _. _

_.._a , 10 •~• Cerllflc ac:. of • - •• . .r•

•'*-• -•• AIM-•• . . ,._ •• l•U-u

a-. A~ ~•c"""d Aaluncs-n~

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 61 4881 -PAGE Page 80 of 104 •PUBLIC•

PUBLIC

l&• . ,••, ....~ •M ~~•••UM!~~ l~• 5•c:r•"IY• CM fos••

SGlq cesc Jt l c:••• •

... u.• •• 1•

•••• 1 • ••• . . . •■c s•c.&~

••"•••Ii i, • • c u-.u· MM• au c~ -

ell• cer,e..-a~ ... , •• &"9 c:.,.,...,.ca-

.,,

~ "---7 \ .4:::::.)

••••'·•••

d'SAT•

...Y• -.-•~•ce

. . w. . . w~~~,i.;";;tl.~~

. ;lj

• •;:-.-;;;;aur,acy)

l11Q9 .. r

c ..~ l.l.e.. ln)

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 81 of 104 • P~iJi L IC

..;~ k.'1' ll:-'i. ..:A•,:t'

U f.

A.H~NOMf.; N •f"'

TC Tnt::

(.' C: R~· f•' lCA ·tl:: O ,

l,.,. ORt-Ol<A'l:lOl'f

Tue

- -- - - - - - -- - - - -T h«

·-·c c ~, l

c:n ~ c.~ .:. l J\<-

1 <,;oLc

~ ~rp<> tG ~ ton

EffOOCK .tNa:: SOCI E:TlC

- --- ----- --- --- --- - - - -- - - ··

Soc i.~c y ,

.ncorp<,IC' ll C lG~

for

~n..

p ..itpoao ot

.,,1a .. n..s,n9

I t' "'

tn .:::cocdanee .. ich Succ,on

tn ,nc St:Qte of 0.lo~or c

~ o-,;,~y ot "•" c,~cla. w1i,.,n9con.

i a ~30S ~.ncaac-c ~lk• •

Ocl .. w•c• 19&0S and cS\•

n••• oC

O c l. .awacc- .

Co~nc l l ,

Jun~ .

~c •

•~wc1n9

d~iy c&ll•d ~nd n~l4

the

S•con-i doy ot

.l ~6 6, dtq lln6.l ly rwaolva ond a•clace:

Tru,c p .. r•grapl\li S2COOf.:>,

::i t:V£N'tle •nd

(C>)

li.:lGtt·ht .. ,.,

ac.tici.en

i. n

TttUU>, l"OI.JR-rtt,

'<Oh•lt

~ni:icetv1

;Stl('l'ft,

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 61 4881 -PAGE Page 82 of 104 • P~'friLIC

~L~~~

~us ,n,:~3 ln

u t

! .-it,C.;, :.Cc<

l'lkc,

er.~ Scoc~ ct

Co un t:i,

1-1 <:w

Oql ~ w&C• 6h~lL oc ~)O~

C3'.i t:lo. Wl1is.Ul 9C01'; ,

[)~~ 4\J3'Ce

l SisoS.

CG~~Yc~L~~~

~nu ,6 ~n

Co~pon~ oc Dwl4w~ C¢

~h - l l

a~ ~lOS

~n~

~~ n c~~~~ c

th~

~a g~s~ ~c ~3 oftLce

~l ~ • r w 1 1~~n9~o n~

c-, ~~•c a

.t. !H:SOS ~

T st l .U, .

1.'n,:

cotp<:1 r: a11:::1 on

Oh.fil l

t;o:

o r g ll nl2a<1 .. nd

o~.. cAc.. d

c •cl ~~ 1 v~ly toe wa~oac 1~ oml ana •c1~ncl f 1c pucpoa~~ wlch1n

en~ •eQn•n~ o r Sec t 1on SOl(c) I ll ot cne Inc6cna~ k o ~on u • Cod6

~9~ 4. •» ••• n4•4 -

s ol vl i, i n

fuct:nocanc• rnor-.oi, ic ~n•ll

~co-oc~ cua~a rch afld Gtudy ln t h6 actene• of ~ndocr ~ nolog~.

~h~

d •ft ua ion of l Qfoca•Clon cnoc~fco. obC•lnea b~ ~occuc•.

r~Cti~ot:, ~n oc ocncrwl»~, •nd 1c an.ii pc1nc. p ~ PL1•n oc

a .~cclbut: ~

I)()~~~.

pe c LodlCal& 0~

~C4cn~i t1c 2 ~b) OC C~

41■ Llac

~CCiC!Od

~-l• -clng co •ndoc ,1nology .

l e anAll D•

b~~nocL2•4 co ~n, b~ and ~611 s cle n caflc appe r acua an4

.,ll.,•.:>•o,--c An.3 o..n an'1 ..~,nc~ i.:-i 1 <11 1).0r•i:oa:1 .. a

r u ccncc4 nc• c t

ancl llt),ar:11:& an

c h• ~ auc.c 1 ona ~ a nd ae1onc1f ic pucpoae• ~~atea

a ny p.jwwca or cond~ct: any ~~c1v i c1ea ~n1cn .,o not

p-.;c~aoa \bl~ ~l\4~c en. law• Gf en •

~i1 0wed

o QQC&t: 1onal

an S•cc1o n ~Dlcc> ()1 o f

s r ac•

oc O. l kw•c~ oc

an4 &o,enc1f l c oc9an i a a cton aa•c, 1 b..a

en• J ncw r n &l ~~v•n~o Codw.

FEDE~L TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02110/2026 OSCAR NO. 614881 -PAGE Page 83 of 104 • P~'iJ~LI C

t'OUI\T tf I

aholl t:.c o ReMbersnlp cocpor•t,~n, the cond1c1ons of wn1cn

snqll P~ ac Aced 1n the bylavg or Gh&ll

lbe

••

~tn•c~1•-

d~c~ c~1ne4 D~ ch~ Council.

Tnc ~cpocac1on snall h•v• per~•~u•\ w•1•~cnco.

stXTtt•

tha cvcnc of

tn• ce&alnatton of cne cocpocacton, oll

c~m~1nin9 att•& the p.av,aenc of, oc pcovtaton toe,

••••t•

1ta debc•

anall b<J 41ats1Duced Coe caclu•1v•ly •ouoatton~l an4

ac1enc1tlc pucpoa•• ~ltftln tho . . .n,n9 ot aecclon SOl(g)(l)

of th• tn~vcnal aev•n~• ~o4•SJN&MT"•

-me ~c•o~•l ••a•c• and private pso6)6rcty of

tJ\a

off1c•r•• eaploye••• Counoll ~114 -bee• aha1l not~ •~iec:t

ot •ny cocpocac• debc■ oc li&bi1ic1••• 1tO - ~

••c•nt w~ac•oe~•r1 ftor ahall any oftlcec, ••~lo~•• oc - p e e

co th•

p&>'a•nt

en• Council oc o& th• c;ocPQc•ctAn ~ p,,saon&lly llaol• Cos

any ac t or t&llur• to ace

c•••n ln cne n._. ot, or on ~bale

oE, ch• cocporac!on, ••c•~t toe ~,1ifql n•vl•cc or ~roaa

n~Qll9•nce.

2lGta1'1h

<•)

pa..era conferred by ~h• Bcaca of O.l&vac•. eh• council. ~hlcb

i•

sh• ~o~•cnine too.s~ of cna ooc~cac,a,- Coe p.ocpo••• oC al~

•ucn r•t•r•na•• oonc•,n•4 ln th•

L■v,

1a ••preaaly aQChorl~trd•

Pel•v ■ re Ganec ■~

Co~pgc•clvn

co aake, r•pttal, •l~•c oc

FEDE~L TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 84 of 104 * P~ ~ i L IC

c~ c • ~• r vcO a~ wocKin~ c ~p1c,l c t cne =o,pocacio~

..-...J~ hOc

1·.::c ohQ C ~US-• ~o ?::6

i 1 ,~.,_.

;; i

c, ...ac -,r,cn

~~c ~c~ ~c 1on: ir~~ c,~~

J n ~~

<~c~r,~ ,

~h~

at -~•c

aocc9.-.c~ ..

c lC.e'::uc.wd

enc pc.:>p~t c y

t~~o-

~n~

c19n c

~n4•f

•f'Ml

oc:.nc-,

c:ne

~n~

t.ooka .. r.co,~a a nd 4~coun~s

opon to tno

b.-

,n~pcct an~ ac=ount ~, l>OOk or doc~cnc of the

.,.c,.pc .. ,..

oonfacc.d

t>y

cf>•

laus

~, ea ow~~OCla•4 b~ ccsol~~lon cf

o u C hOC~¥v4

c~•QLUCLOn oc the

olf

,hv Scllte

enu c~~~ci~,

•o~~-C~-

"*•O..c#

c n~i r b00k4, c.o cno ~atone pcovidw4 Dy 1~~.

ouc~14u

u~lQ~•Cs, oc aJCh placvo a$ ••Y fr0111 ci-c ~o Cl•~

c ~nc-c

a441tlon•&.

~•~''"'"~"a nac-.1.n ,

F°'-'OC5

th♦

CO~ncil,

1nc~~~&. ng poveca ~n&c:h

t>•yond

■ -t

.n~

~O ~ n cit .n.tl n•vc Cho po.iec co hQLQ tl>eic ao•ctng• • • n 4

wh•~

ot cne •o,aoacanip, and no •cM>cC ahall havo any

c oc~oc,. .:io,, ,

P ~ l~w ac.,

.&l'\tJ

t'\91\ta v i

co ~-c•r••n¥ ~h~,h•c

~t cn6 cocpoc•t•on. oc 4ny ~t cne•, ~n•ll

1 ~£pcc ~ i~n

•1.c: f\:i

o c pcGp.: ~ c:,,

~1-•~ q ~ p1•~•~ ,

~cnJ ~c,~nn •AO ,eg~ia,1ono.

~n~

kc • P

tnc S~•t•

S>e

tho••

focc1~ enc t i • • ·

p&.~c•. pcoccd~ro •nd •PP••l c 19nta fo~ the r~•ova~ of •~Y

,n~ivld~•l tce>1a --b•c•nip. o, tcoa aAy cocpoc•t• ottlc• oc

co- l t t • • • Gt tcc..ll -•Dtc ■ nLp o n th• Couno,1, ~coviaco,

no.,ev ... , , thii1: tQc voc.e. tor ceaaov~l aay not be loaa cn11n tt,.a

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 85 of 104 • PUBLIC •

PUBLIC

•~q~1c ~$-

lf o pcoccdur~ LB ~•t•bllahe4 tor such caaoval ,

c. r,., z:i\'1.awc ,ohiall pcov1<1•

enc iacana

1:.0 £il.~ aueh

>l;l,C•1l..:y

~ne Cectlflc•c~ ot lncocpoc.c1on, •• -•n4ed, oc 1n •RY

~•ana•onca 1:.hcceto, in th• ••nnoc now oc bwce&tccr pccacc1o.d

by cne \o~~ oc t:.he Sc•c• of P•l•~•ce. •nd &ll c19hc,

confocc.~ ~poA 0£f1oera, Coune,1 &n4 - • ~ c s by c~• ~yl•v•

s ~all

~••cci~wd in cac~n1c1on of cb1a r•••cvacion.

POUATll :

N1n•c•enth 4•¥ ot ~u~y, 1~06 •nQ adopted• co1K>~utl~n P¥ •

g ce ac cc cn•n ~ajoc1cy vote, •etc1ng farcb &11 - • ~ n t a

c ont•~n•d noc•Ln, ,nd

•••4 c• ■oluc1on 4eclac•d cha a4V1~•ba11t~

~c..:cccocy-~co•aucec of th• coc~c.c1aA t;a •••cutw, •cknowl•d~••

f~l~ •M cecord aaLd _..ndaenca ln 4Ccocd&nc• vich ch. l•w• oi

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR N O. 614881 -PAGE Page 86 of 104 • PUBLIC •

PUBLIC

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 87 of 104 * PUBLIC *

PUBLIC

EXHIBIT 6

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 88 of 104 * PUBLIC *

PUBLIC

From:

Sent:

To:

Cc:

Subject:

Sawyer, Heather Chase

Wednesday, February 4, 2026 2:15 PM

Cohen, Jonathan

Chiang, Annie; Clausen, Hans; Tolentino, Ray; Ranjan, Dev

RE: CID to Endocrine Society - Friday's Meet & Confer

Dear Jonathan Tomorrow at 5:00 pm ET w orks for us, and happy to talk through our Fourth Ame ndment concerns further during

our ca ll.

We'll keep an eye out for the invite.

Best,

Heather

From: Cohen, Jonathan <jcohen2@ftc.gov>

Sent: W ednesday, February 4, 2026 1:31 PM

To: Sawyer, Heather Chase <hsawyer@cooley.com>

Cc: Chiang, Annie <achiang@ftc.gov>; Clausen, Hans <hclausen@ftc.gov>; Tolentino, Ray <rtolentino@cooley.com>;

Ranjan, Dev <dranjan@cooley.com>

Subject: RE : CID to Endocrine Society - Friday's Meet & Confer

CAUTION: This Message Is From an External Sender

This message came from outside your organization.

We obviously disagree w ith much of thi s, but look forward to talking further. We're not available

this afternoon, but could talk tomorrow at 5:00, or Friday at 2:00 or 4:00.

One quick thing: what's the Fourth Amendment issue?

Thanks,

Jonathan Cohen

Chief Litigation Counsel

Bureau of Consumer Protection I Federal Trade Commission

600 Pennsylvania Avenue, N .W., HQ-462 Washington, D .C. 20580

(202) 326-2551 I jcohen2@ftc.gov

From : Sawyer, Heather Chase <hsawyer@cooley.com>

Sent: Tuesday, February 3, 2026 7 :55 PM

To: Cohen, Jonathan <jcohen2@ftc.gov>

Cc: Chiang, Annie <achiang@ftc.gov>; Clausen, Hans <hclausen@ftc.gov>; Tolentino, Ray <rtolentino@cooley.com>;

Ranjan, Dev <dranjan@cooley.com>

Subject: RE : CID to Endocrine Society - Friday's Meet & Confer

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 89 of 104 * PUBLIC *

PUBLIC

Dear Jonathan,

Thank you for the follow-up on our initial discussion and for sending the proposed

schedule. We’d like to schedule another discussion and would propose doing that tomorrow,

February 4, at 4:00 pm ET.

As we noted during our initial call, we are in the process of assessing the requests and

discussing them with our client. As we also mentioned, the Endocrine Society is a 501(c)(3)

nonprofit organization. It does not have extensive experience responding to formal legal

demands, and its operations and recordkeeping are structured to support its charitable mission

rather than commercial or litigation-driven processes. We have nonetheless made progress in

assessing your requests, including the questions on retention and production outlined in your

email.

Regarding the scope of the CID, we continue to have serious concerns about the Commission’s

jurisdiction to investigate our client or to request the materials or answers specified in the CID.

In fact, further research indicates that the CID is ultra vires. We do not understand the

Commission to be taking the position that legitimate, charitable nonprofits are within its

enforcement jurisdiction, and we believe that limitation unambiguously places our client outside

the FTC’s ambit. We understand that the Commission’s position is that it can issue compulsory

process to entities outside its enforcement jurisdiction. However, we additionally believe that

the materials requested in the CID are not reasonably relevant to any plausible violation of 15

U.S.C. §§ 45 or 52. In particular, we disagree that the hypothetical situation that you raised

during our initial meet and confer – involving a nonprofit dental association’s statement of

medical opinion that a treatment is safe and effective – could fall within the ambit of those

statutes.

We also believe the CID violates the First and Fourth Amendments – an inquiry that also bears

on any assessment as to the reasonableness of the requests. As just one example, which we

provided during our initial call, several of the requests sought “all Documents” (defined

sweepingly in the CID) “regardless of time period.” We appreciate your willingness to revise

some of these requests (by limiting some to January 1, 2014 to the present) but remain

concerned that requiring production of twelve years of documents does not pass constitutional

muster.

As we also noted during our first call, we anticipated that we would have additional concerns

about the broad scope of many of your requests but that a further explanation from you as to the

connection to commercial activities, including “marketing” or “advertising” as noted in the CID,

would assist us in determining the reasonableness of your requests. We still seek that

information and hope that you might be able to provide that as our conversations continue.

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 90 of 104 * PUBLIC

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.