# FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 1 of 104 • PUBLIC• > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/agency%3Aftc%3A0311f027c35d972b ## Record - **Collection:** Agency decision - **Document type:** Agency decision ## Text FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 1 of 104 • PUBLIC• 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 1 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]. 2 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). 2 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. I. 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. A. 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). 3 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 4 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]. 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. B. 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. 6 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 4 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. 6 See American Heart Association, Recent Guidelines & Statements, https://professional.heart.org/en/guidelines-statements [https://perma.cc/M93B-5CBX] (last visited Feb. 9, 2026). 7 See Infectious Diseases Society of 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). 7 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 8 See American Academy of Pediatrics Clinical https://publications.aap.org/collection/523/Clinical-PracticeGuidelines?autologincheck=redirected (last visited Feb. 9, 2026). 8 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 9 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]. 9 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]. 10 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 II 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 12 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. 11 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). 13 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"). 14 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. 15 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~ B: ... ~ -""'--' ~ ~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 16 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 17 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 18 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 J \ 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 Value in data Symbol ,r i, ® ~ ASCII Character 20 254 174 126 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 1. Prior to production, scan all data and media for viruses and confirm they are virus-free. 2. 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. 3. 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. 4. 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 To Names retrieved from the TO field in a message; the recipient(s) Emails cc 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. 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. 2. 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. 3. 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 4. 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). 5. 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 6. 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. 7. The Endocrine Society has a top-ranked peer-reviewed journal publishing program that addresses dozens ofendocrine issues. The Endocrine Society also publishes policy statements, 2 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. 8. 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. 9. 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 3 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, 4 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, 5 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 6 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 7 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 8 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. 9 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 10 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 2 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 3 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 4 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 5 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 6 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. 7 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 8 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. 9 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 I I II .I I .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 ! ! jI ~ I I I INTERNAL SECRETIONS", as received and .filed in this cffice the 1 thirty-first day of January,A.D. 1918, at 1 o clock P.M. i I !I I I • 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 • / 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 OF THE ASSOCIATION FOR THE STUDY 01'"" INTERNAL SECRETIONS !I • 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 ,, 1 ---- diffusion of information therefrom obtained by lecture, publication or otherwise; the printing, publishing and distribution of I, books , periodicals , or similar articles on scientific subjects, /j with power to sell or to donate s:ch publications ; to own, buy I 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 'I I 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. ll I ,:,, To draw, make, accept , endorse , discount , execute and I ' 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. .I 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 , 1 of the world, as principals , agents , contract ors , trustees or ,i 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 I. NAME RESICEl~CE C.- E. deM. Sajous Philadelphia, Penna. L. F. Barker Baltimore, Mi. .. Emil Goetsch Baltimore, Md. i 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- , I 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 I ,I 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, ·, I 1899) and the acts amendatory thereof and supplemental thereto, I ' I i: 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 ii II 11 11 .I CAROLI11E F. SIMON NOTARY PUBLIC PHILADELPHIA, PA. :1 ' I I i I ., 'I -6- FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 02/10/2026 OSCAR NO. 614881 -PAGE Page 69 of 104 * PUBLIC * PUBLIC l I I ·,i 1 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 · ! I foregoing certificate of incorporation, known to me personally to : :i be such, and I having first made known to him the contents of ., II 1: 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 •! ;1 i;I, !! RAYMOND G. EHRHAN NOTARY PUBLIC BALTIMORE CO. MD . -----Ii ;1 ll !I I' 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 I -! 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. 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 • ~ l . PUBLIC F'AG£ "\att ol ~ t ll!llttr ~ I. Ml:CH A I==~ 1-IARKJ:NS, 1 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 9 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 Al 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~:~::!:' OF 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: ct majoi:1.1:y o,: crie members ot! cl)e who:ie number of said governing body of Ot to wit; l. 3. (3) oE 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 ... J 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. By 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~ OF 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 by 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 of 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__:_ 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 OY FILED ANf~tlH t~r o; 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•"'"& 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~. a • v •......,lA4 a o d ~ 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 7 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 tG ~ ton ot EffOOCK .tNa:: SOCI E:TlC - --- ----- --- --- --- - - - -- - - ·· Soc i.~c y , .ncorp, ::i t:V£N'tle •nd (C>) li.:lGtt·ht .. ,., ac.tici.en i. n TttUU>, l"OI.JR-rtt, '•o,--c An.3 o..n an'1 ..~,nc~ i.:-i 1 ()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. 2 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, in ••••t• 1ta debc• anall b'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 p~t c y t~~o- ~n~ c19n c c~ G~ ~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 ~y 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 on th♦ CO~ncil, 1nc~~~&. ng poveca ~n&c:h t>•yond ■ -t of oc .n~ ~O ~ n cit .n.tl n•vc Cho po.iec co hQLQ tl>eic ao•ctng• • • n 4 ot cc 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 4 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/10/2026 OSCAR NO. 614881 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/agency%3Aftc%3A0311f027c35d972b. Public record. Not legal advice.