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LOWEU ANO ASSOCIATES. PLLC

February 9, 2026

By Email and Hand Delivery

April J. Tabor

Secretary

Office of the Secretary

Federal Trade Commission

600 Pennsylvania Avenue NW

Washington, D.C. 20580

atabor@ftc.gov

Re: FTC File No. P264800

Dear Madam Secretary:

Pursuant to 16 C.F.R. § 2.10, enclosed please find World Professional Association for

Transgender Health c•wPATH")'s Petition to Quash the United States Federal Trade

Commission's Civil Investigative Demand, dated January 15, 2026, in the above-referenced

matter.

Respectfully Submitted,

Abbe David Lowell

cc via email service:

Office of the Secretary (electronicfilings@ftc.gov)

Katherine White

Jonathan Cohen

Gregory Ashe

Jenny Hitchcock

Hans Clausen

Annie Chiang

Federal Trade Commission

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BEFORE THE UNITED STATES

FEDERAL TRADE COMMISSION

In the Matter of

The Civil Investigative Demand dated

January 15, 2026, to the World Professional

Association for Transgender Health

FTC File No. P264800

PETITION TO QUASH CIVIL INVESTIGATIVE DEMAND

Pursuant to 16 C.F.R. § 2.1 0(a), Petitioner World Professional Association for Transgender

Health ("WPATH") respectfully requests that the United States Federal Trade Commission quash

the Civil Investigative Demand dated January 15, 2026, ("CID"). See Exhibit 1. The CID should

be quashed in its entirety because the FTC lacks authority to issue investigative demands against

nonprofits like WPATH, because this investigation violates WPATH's constitutional rights, and

because the CID is overly broad, unduly burdensome, vague, and ambiguous.

BACKGROUND AND PROCEDURAL HISTORY

The World Professional Association for Transgender Health is a 501(c)(3) non-profit

membership organization that has been devoted to transgender health for decades. See Exhibit 3

13. Founded in 1979, WPATH's mission is to promote evidence-based care, education, research,

public policy and respect in transgender health. 1 Id. ~1 3-4; see also, Exhibit 4. WPATH is an

international membership organization, with regional affiliate organizations in Europe and the

United States, and for this reason, provides guidance and content for professionals operating in

locations with different cultures, governance, and laws. Exhibit 3

5, 7.

See also, WPATH Mission and Vision. available at https://www.wpath.org/about/mission-andvision.

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WPATH's over 3,000 members work together to increase access to competent care and

address the needs and concerns of transgender people through collaboration of their expertise

across disciplines and specialties. Id. ,r 6. WPATH engages in a number of activities, including

offering access to the International Journal of Transgender Health, which is an independently

owned, peer•reviewed medical journal. Id. ~ 8. WPATH has also hosted educational events which

provided members and others working in transgender and gender diverse health the opportunity to

interact, collaborate, and learn from their colleagues who are leading authors, clinicians, and expert

researchers in this issue area. Id. 1 9. WPATH held educational and research symposia, courses,

and workshops to improve access to accurate and up•to•date information and research in the field

of transgender health. Id. WPATH provides a certification program and courses to members

through its Global Education Institute ("GEI"), but has recently discontinued certain education and

mentorship programs as a result of receiving this CID. Id. ,r 34. As WPATH is an organization

dedicated to transparency, information regarding its organizational structure, membership benefits

and requirements, courses, educational and research symposia, certifications, public statements,

and research are all available on its website. Id. 1 10.

In support of its mission, WPATH commissions, provides, and periodically updates its

Standards of Care, which articulate a professional consensus about the psychiatric, psychological,

medical, and surgical management of transgender and gender diverse people.

Id. ,r 11. In

September 2022, the International Journal ofTransgender Health published the Standards of Care,

Version 8 ("SOC8").2 Id ,i 12. WPATH has provided an in-depth overview of its methodology

for the development of the standards. Id. ,r 13. The evidence and materials relied upon in drafting

Coleman et al., Standards of Care for the Health of Transgender and Gender Diverse People,

Version 8, International Journal of Transgender Health (Sept. 2022), available at

hnps://www.tandfonline.com/doi/pdf/ l 0.1080/26895269.2022.2100644.

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and finalizing SOC& can be found in its References section. Id. 411 14. It has also provided a list of

the SOCS contributors, organized by chapter, and disclosed non-member financing. Id. ~ 15.

WPATH does not advertise goods or services to consumers. Id. ,I 20. It does not provide

licenses or set requirements for clinicians, researchers, or other professionals to engage in their

respective professions. Id. 41122. Outside of the benefits set forth on its website, WPATH does not

provide discounts, products, or services to its members. Id 41123. WPATH provides resources and

guidance on healthcare for transgender and gender diverse individuals of all ages and nationalities

and a forum for discussion and learning, so that its members and professionals worldwide can use

its guidance, in their independent judgment, to provide respectful and ethical treatment for patients

worldwide. Id. 4111 ~7.

WPATH and its members have been targeted, harassed, and retaliated against by federal

and state government entities for the content of their speech and advocacy regarding healthcare for

transgender and gender diverse individuals.

Id. 41[ 30.

Over the last year, as the current

administration has taken a clear, public stance against gender-affirming care and WPATH itself,

WPATH and its members have been subjects of conspiracy theories, politicized attacks, and

harassment. Id. 1 31 .

On January 16, 2026, WPATH received a CID that contained fifteen interrogatories and

thirteen document requests, broadly calling for WPATH to produce records relating to all aspects

of its work and operations since its founding. See id. , 23; Exhibit l. It stated that the subject of

the investigation as:

Whether the Organization 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 ... which, according to the Organization, purports to treat

gender dysphoric or gender diverse minors, to consumers in violation of

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Sections 5 and 12 of the FTC Act . . . and whether FTC action to obtain

monetary relief would be in the public interest.

See Exhibit 1.

Since the issuance of the CID, WPATH has conferred with Commission Staff on January

30 and February 3, to discuss the scope, burden, and unconstitutionality of the CID, as required by

16 C.F.R. § 2.IO(a)(2). See Exhibit 2.

Despite the continuing nature of the negotiations,

Commission Staff refused to provide an extension of the deadline for this petition, nor have they

retracted this CID or even removed or narrowed requests that WPATH identified as offending its

First Amendment rights.

During these correspondences, WPATH explained its position that the FTC lacks

jurisdiction to pursue these requests against WPATH, that the First Amendment's speech and

associational protections prohibit many of the CID 's requests, and that the CID is overbroad,

irrelevant to the investigative priorities, and disproportionately burdensome on WPATH. Id.

Notwithstanding its concerns about the enforceability or constitutionality of the CID, WPATH

proposed narrowing the scope of the CID's requests and limiting the burden on WPATH by

agreeing to provide the FTC with publicly available documents, as well as certain financial

information. Commission Staff declined this proposal. Accordingly, the parties' good faith

discussions were unable to resolve the parties' disagreements, resulting in the instant Petition.

ARGUMENT

Pursuant to 16 C.F.R. § 2.1O(a), Petitioner WPATH requests that the Commission quash

the subpoena, for four reasons. First, the FTC does not have jurisdiction over WPATH-either to

investigate WPATH itself under 15 U.S.C. § 46(a) or to request third·party information under 15

U.S .C. § 57b-l. Second, the issuance of the CID violates WPATH 's First Amendment rights and

its requests seek disclosure of information that would further intrude upon WPATH's constitutional

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rights. Third, the CID is unduly burdensome and overly broad. Fourth, WPATH has not received

proper notice of the true scope of its expected response, as the terms and definitions used in the

CID are vague, ambiguous, and subjective.

The FTC Does Not Have Jurisdiction to Issue this CID to WPATH

WPATH requests that the Commission quash the CID in its entirety, as it is predicated on

an investigation of WPATH, an entity that does not fall within its jurisdiction for investigation or

enforcement, see 15 U.S.C. §§ 44-46. To the minimal extent that the underlying investigation is

of other persons or entities, see 15 U.S.C. § 57b-l, it seeks information that is not relevant to the

investigation. The CID was therefore issued outside of the FTC's jurisdiction and should be

quashed.

The FTC "has only such jurisdiction as Congress has conferred upon it by the Federal Trade

Commission Act." Cmty. Blood Bank of Kansas City Area, Inc. v. F. TC. , 405 F.2d 1011, 1015 (8th

Cir. 1969). lt may only investigate persons, partnerships, or "corporations," meaning entities

"organized to carry on business for [its] own profit or that of [its] members." 15 U.S.C. §§ 44-46.

While it may issue CIDs to any "person," meaning "any natural person, partnership, corporation,

association, or other legal entity," that "may be in possession, custody, or control of

any documentary material or tangible things, or may have any information, relevant to unfair or

deceptive acts or practices," 15 U.S.C. 57b-1, each CID must be predicated on a lawful

investigation, and seek only information that is relevant to that investigation. To read Section 57b1 as authorizing dragnet fishing expeditions requiring production of information and

documentation, under threat of civil penalties and court enforcement, would create a backdoor

investigatory power that renders Section 46's limitation on FTC's investigatory jurisdiction

entirely superfluous.

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A. The FTC Lacks Investigatory Jurisdiction Over WPATH.

"Non-profit organizations" like WPATH "fall outside the scope of the agency's

jurisdiction." Nat'! Fed 'n ofthe Blindv. FTC, 420 F.3d 331,334 (4th Cir. 2005). WPATH is not

a person or a partnership under Section 46. Nor is it "corporation," because it is not "organized to

carry on business for [its] own profit or that of [its] members." 15 U.S.C. § 44. While the FTC

has, on rare occasions, exercised its jurisdiction to investigate nonprofits, it is well established that

"Congress did not intend to bring within the reach of the Commission any and all nonprofit

corporations regardless of their purposes and activities." Cmty. Blood Bank, 405 F.2d at 1018.

[n the rare cases where a court or the Commission has found that a nonprofit entity is a

"corporation" within the meaning of Section 44, the entity at issue either included, as part of its

mission, that it would safeguard the profession or livelihood of its members or took actions

intentionally to create or safeguard its members' profits. See Am. Med. Ass 'n v. F.TC., 638 F.2d

443,448 (2d Cir. 1980), aff 'd, 455 U.S. 676 (1982) (finding that the American Medical Association

was a corporation because it had an objective to "safeguard the material interests of the medical

profession," "actively lobbie[d] for legislation that it believe(d] may be for the profit of its

members," and "render(ed] business advice to its members."); F.T.C. v. Nat 'I Comm 'non Egg

Nutrition, 517 F.2d 485, 487 (7th Cir. 1975) (finding that a nonprofit that was formed to protect

'"the general interests of the egg industry,' according to its articles of incorporation and bylaws"

was a "corporation").

WPATH does not operate for its own profit or for the profit of its members, see Exhibit 3

fl 17, 19, and meets all requirements of a "true" nonprofit. FTC v. AmeriDebt, Inc., 343 F. Supp.

2d 451 , 460 (D. Md. 2004) (listing "whether the entity is organized as a non-profit; the manner in

which it uses and distributes realized profit; its provision of charitable purposes as a primary or

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secondary goal; and its use of non-profit status as an instrumentality of individuals or others

seeking monetary gain."). It is a 501(c)(3) with the mission of promoting evidence-based care,

education, research, public policy and respect in transgender healthcare. Exhibit 3 ,i 3. Its directors

and committee members are all volunteers, and its revenue is used "to perpetuate or expand itself

as part of its nonprofit mission." Fed. Trade Comm 'n v. Grand Canyon Educ., Inc., 745 F. Supp.

3d 803, 825 (D. Ariz. 2024); Exhibit 3 ,i,i 3, 18, 19. Moreover, WPATH has not, and frankly could

not, operate to further the profit of its members. Exhibit 3 ,i 17. WPATH's members are not limited

to a single profession, trade, practice, or even country. Members with voting rights in the

organization include professionals in a variety of disciplines, such as medicine, social work,

education, and law, actively working or retired from their fields. Exhibit 4 at 10. WPATH's

members on its Executive Committee and Board of Directors reflect these diverse specialties and

professions. It is not an association that advocates on behalf of a profession or profit-making

enterprise, but rather for ethical, evidence-based, and accessible healthcare for transgender

individuals.

While WPATH endeavors to provide resources, education, and guidance to its

members that are useful in their professional capacities, these resources and guidance are compiled

and provided for the sole purpose of promoting its mission, rather than generating or increasing

any of its members' profit. For these reasons, WPATH is not a "corporation," and cannot be the

subject of an FTC investigation.

B. The CID is Predicated on an Unlawful Investigation Into WPATH.

"Agencies are also not afforded ' unfettered authority to cast about for potential

wrongdoing,"' so a CID is not valid or enforceable "when the investigation's subject matter is

outside the agency's jurisdiction." Consumer Fin. Prof. Bureau v. Accrediting Council/or lndep.

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Colleges & Schs., 854 FJ d 683, 689 (D.C. Cir. 2017) (quoting In re Sealed Case (Admin.

Subpoena), 42 F.3d 1412, 1418 (D.C. Cir. 1994)).

The Commission has the option to define the contours of an investigation "quite generally,"

FTC. v. Invention Submission Corp., 965 F.2d 1086, 1090 (D.C. Cir. 1992), but it did not do so

here. The "subject of investigation" here is ''whether the Organization"-defined as WPATH"or any other Person" has violated Sections 5 and 12 of the FTC Act " in connection with the

marketing and advertising of Pediatric Gender Dysphoria Treatment, which, according to

[WPATH], purports to treat gender dysphoric or gender diverse minors(.]" Exhibit 1 at 3. The

FTC is therefore investigating WPATH in two respects, as both a specific target of its investigation

and as an underlying source or cause of an alleged false or misleading dissemination, even if made

by another " Person." In either sense, the CID is being used to "gather and compile information

concerning, and to investigate" WPATH. 15 U.S.C. § 46. The requests themselves confinn this

interpretation, as they solely concern WPATH's organization, operations, statements, programs,

opinions, and positions, not those of other "Persons." As the FTC does not have jurisdiction to

investigate WPATH , the issuance of the CID pursuant to such an investigation is unlawful.

II.

The Issuance of the Subpoena Violates WPATH's First Amendment Rights, and

Any Compliance Would Do the Same.

The First Amendment protects WPATH's right to freely speak, associate, and petition. It

protects the rights of its members and donors to contribute, speak, and associate anonymously and

without fear of retaliation from the federal government. The Commission should quash the CID

because it was issued in violation of WPATH 's First Amendment rights and seeks disclosure of

information that would further infringe on WPATH's First Amendment rights, as well as those of

its members, donors, listeners, and associates.

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A. The Issuance of the CID Violates WPATH's First Amendment Rights

The Commission should quash this CID in its entirety, as its issuance has violated

WPATH's First Amendment rights. See Media Maltersfor Am. v. Fed. Trade Comm 'n, No. 25-cv1959, 2025 WL 23 78009, at * 15 (D.D.C. Aug. 15, 2025).

The administration has made its stance on the rights of transgender and gender diverse

individuals clear, going so far as to deny their existence. 3 It has targeted WPATH in particular with

vitriol. 4

The FTC itself

has hosted events and made statements aligning itself with the

administration's viewpoint. 5 In this context, the issuance of this CID, which exceeds FTC's

jurisdiction and seeks information solely regarding WPATH's speech and membership that is

offensive to the current administration, is improper viewpoint discrimination and retaliation in

violation of the First Amendment.

"[T]he law is settled that ... the First Amendment prohibits government officials from

subjecting an individual to retaliatory actions ... for speaking out." Hartman v. Moore, 547 U.S.

250, 256 (2006). " When it comes to 'a person's beliefs and associations,' '[b)road and sweeping

state inquiries into these protected areas ... discourage citizens from exercising rights protected by

the Constitution. "' Americans for Prosperity Found. v. Bonta, 594 U.S. 595, 610 (2021) (quoting

Baird v. State Bar of Ariz., 401 U.S. l, 6 (1971) (plurality opinion)). The issuance of agency

compulsory process in response to those activities can have a severe chilling effect on such

3 See

Executive Order: Defending Women from Gender Ideology Extremism and Restoring

Biological Truth to The Federal Government, January 20, 2025, available at:

https://www.whitehouse.gov/presidential-actions/2025/01/defending-women-from-genderideology-extremism-and-restoring-biological-truth-to-the-federal-govemment.

See Executive Order 14187, Protecting Children from Chemical and Surgical Mutilation, January

28, 2025, available at: https://www.whitehouse.gov/presidential-actions/2025/0l/protectingchildren-from-chemical-and-surgical-mutilation.

5 See Transcripl ofJuly 9, 2025 Workshop: The Dangers of "Gender-Affirming Care "for Minors,

Federal

Trade

Commission,

available

at:

https://www.ftc.gov/newsevents/events/2025/07/dangers-gender-affinning-care-minors.

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activities, as these investigations and demands are conducted on the background of threatened

court enforcement and penalties for noncompliance. Issuance of a "a sweeping and burdensome

CID calling for sensitive materials" can be "a retaliatory action sufficient to deter a person of

ordinary firmness ... from speaking again." Media Mauers, 2025 WL 2378009, at *15.

Here, WPATH and its members have engaged in activities protected by the First

Amendment, including association, speech, and advocacy for the rights and healthcare of

trans gender and gender diverse individuals. The issuance of the CID has forced WPATH to retain

counsel in response, to alert its members and staff of a litigation hold, and to spend time and

resources negotiating with the Commission and drafting this Petition. The CID has already had a

chilling effect on WPATH's ability to effectuate its mission, as well as its speech and association.

Exhibit 3134. WPATH has engaged in this process in good faith, despite the Commission's refusal

to consider alternative proposals or extensions of the timeline for this Petition. Now, the very

mechanism by which the Commission has forced WPATH to articulate the violations of its First

Amendment rights will alert the public to this investigation, and further subject WPATH to

harassment, and deter its members or future associates from engaging with WPATH, from fear of

disclosure of their activities, affiliations, and speech to a government that has articulated its intent

to punish them for their viewpoint. As the CID retaliates against WPATH for its speech, constitutes

viewpoint discrimination, and has had a chilling effect on WPATH's First Amendment rights, the

Commission should quash it before it causes further harm.

B. Disclosure of Non-Public Member Information, Communications, and Donor

Information

Outside of its general violations of WPATH's First Amendment rights, the CID seeks

specific information that, if disclosed, would violate the First Amendment rights of WPATH and

its members. See NAACP v. State ofAla. ex rel. Patterson, 357 U.S. 449, 462 (1958) (holding that

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First Amendment protects infonnation that would "adversely affect[] members' ability to pursue

their collective effort to foster beliefs by either inducing them to withdraw from the organization

or dissuading others from joining it."). This provides an additional reason for quashing the CID.

Compelled disclosure of the requested infonnation would chi!) WPATH's activities significantly.

Exhibit 3 1126-35. As stated above, these requests are content-based and rooted in viewpoint

discrimination.

"It is hardly a novel perception that compelled di sclosure of affiliation with groups engaged

in advocacy may constitute as effective a restraint on freedom of association as [other] forms of

governmental action." NAACP, 357 U.S. at 462-63. "[C]ompelled disclosure of an individual's

affiliation with an organization may, standing alone, constitute a serious intrusion on the first

amendment right to privacy of association and belief," because, particularly where "an

organization can demonstrate a pattern of harassment resulting from prior revelations of its

membership, anonymity of membership is often essential[.)" Jones v. Unknown Agents of Fed.

Election Comm 'n, 613 F.2d 864, 874 (D.C. Cir. 1979). Compelled disclosures that would "induce

members to withdraw ... and dissuade others from joining it because of fear of exposure" are

improper, NAACP, 357 U.S. at 463, absent compliance with "exacting scrutiny." Americans for

Prosperity, 594 U.S. at 607--08, 61 3.

Here, this information requested by the CID falls squarely within the First Amendment 's

protection of the freedom to associate, speak, and petition. See Perry v. Schwarzenegger, 591 F.3d

1147, 1160 (9th Cir. 2010). The CID seeks a copy or description of every instance of WPATH 's

speech regarding transgender healthcare and compels it to state its subjective beliefs before the

FTC. See Interrogatories 4, 5, 6, 7, 11, 12; Document Requests 2, 3, 4, 5, 7, 8, 9, I 0, 13. It

additionally seeks First Amendment-protected information of WPATH's members, associates,

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donors, and participants. See Interrogatories 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13; Document Requests

2, 3, 4, 5, 6, 8, 9, 10, 11, 13. The CID further seeks information that would infringe on WPATH's

First Amendment right to petition, see Interrogatories 7, 11, Document Request 8. WPATH

recognizes that the FTC has an important interest in protecting consumers, but where so much of

the responsive information sought by the CID is publicly available, where the FTC does not have

investigative or enforcement jurisdiction over WPATH, and Commission Staff are unable to

articulate the need for non-public information from WPATH in the context of this investigation,

the FTC's interest in such information is minimal, and cannot meet the heavy burden of exacting

scrutiny.

Disclosure of the above information has a high "probability that disclosure will lead to

reprisal or harassment." Black Panther Party v. Smith, 661 F.2d 1243, 1267-68 (D.C. Cir. 1981).

Many of WPATH's members, as well as their statements, points of view, research, and

participation, are public and on WPATH's website. But, as the Commission Staff has stated that it

does not seek publicly available information, the CID seeks confidential, non-public information

about WPATH, its members, stakeholders, and others that support its work, such as records of

donations, identifying information regarding members, internal communications between WPATH

staff, members' internal discussions, conversations, and detailed records or information on every

single statement that WPATH has made, to whom, and when, regarding gender-affirming care for

minors. WPATH effectuates its mission in part by providing a forum for the free exchange of

ideas, knowledge, and experience for its members. Disclosure of these exchanges, as well as the

identities of the members engaging in them, would have an insurmountable chilling effect on the

internal exchange of ideas among WPATH members, stakeholders and supporters. Exhibit 3 1,

26-35.

Disclosure would also discourage individuals (especially medical, healthcare, and

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academic professionals), from participating in WPATH activities and events, such as educational

and research symposia, academic conferences, research surveys, book projects, and WPATH

meetings, out of fear of harassment and reprisal. Id. Even if the Commission kept this information

confidential, something that has not occurred in this administration, fear of retaliation, harassment,

and targeting by the Commission and the federal government has the same effect as fear of

harassment and harm by the public. Id. The attached declaration from Leo Lewis, WPATH's

executive director, provides further detail regarding how disclosure of the information sought by

the CID would chill the associational rights of WPATH's members, donors, stakeholders,

associates, and supporters. See id.

In light of the significant First Amendment interests at stake through the disclosure of the

information requested by the CID, and the comparatively minimal interests of the Commission in

such information, the CID should be quashed in its entirety.

Ill.

The CID Is Overbroad, Unduly Burdensome and Vague.

A CID's "nature, purposes, and scope of[] inquiry" must be reasonable. Okla. Press Pub.

Co. v. Walling, 327 U.S. 186, 209 ( I 946). A CID that is "unduly burdensome or unreasonably

broad" is not enforceable, particularly where "compliance threatens to unduly disrupt or seriously

hinder normal operations of business." FTC v. Texaco, Inc., 555 F.2d 862, 882 (D.C. Cir. 1977).

As explained above, compliance with the CID threatens WPATH 's very existence through

the impacts of disclosure on its members, affiliates, donors, and stakeholders. Moreover, the CID

is also unreasonably broad. It seeks information dating back to WPATH's founding in 1979

regarding any statement or reference to transgender healthcare- not just pediatric healthcare, as

the investigation claims. A substantial number of requests seek information far beyond the realm

of the current standards of healthcare for adolescents or children. For example, Document

Requests 4, 5, and 6 seek vast quantities of information regarding SOCS, regardless oftime period

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or subject mailer. But only two of SOC8's eighteen chapters are directly related to treatment of

adolescents or children, and a substantial amount of SOC8 discusses norunedical interventions and

issues. Other requests seek unlimited infonnation about WPATH's trainings, educational and

research symposia, meetings, and internal processes that have little to no relationship to the core

subject matter of the investigation: advertisement and promotion of gender affirming medical care

for minors. Only a fraction of WPATH's work is related to gender affirming care for minors.

The CID suffers from an additional severe flaw, impacting not only WPATH's ability to

comply with the Commission's requests but its ability to understand the CID's actual scope and

breadth in the first place: the persistent use of vague and subjective terms and definitions. For

example, the definition of "Covered Statements" includes "implied" representations. Whether one

of WPATH's statements implies something is entirely subjective and has no possible, useable

definition. Similar issues arise when the CID requests that WPATH provide documents that

"question" or "disprove" its statements, as responsiveness to this inquiry are also subjective and

turn on an individual's background and training. Additional vague and subjective terminology

include, but are not limited to:

•

The definition of the term "Covered Statement" includes vague and subjective

terminology, such as "safe," "few side effects," "proven effective," and "lifesaving." Each of these terms means something different depending on the listener,

whether that listener is a consumer, a lawyer, a medical doctor, or an FTC

commissioner, and in order to comply with this request, WPATH would have to

hypothesize the FTC's understanding of these subjective terms.

•

The term "substantiated" is vague in the context of this CID. Commission staff

clarified that ''substantiated" is a term of art used in the advertising and consumer

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protection context. But that is not the context of this CID's requests, as WPATH

does not advertise or promote services or goods to consumers. Instead, much of

WPATH's work is providing information on the amount and quality of evidence

supporting different types of gender-affinning care. For example, SOCS uses

defined, specific language relating to the degree and quality of evidence, and the

consensus and acceptance of certain infonnation. See SOC8 at 252. In this context,

the term "substantiated" lacks sufficient specificity for consistent application.

•

The term "member," in the definition of Organization, differs from the usage of

"member" throughout the CID, but the CID provides no definition of "member" for

each different context.

•

The definition of "Pediatric Gender Dysphoria Treatment" is defined as "any

medical intervention which, according co the Organization, purports to treat gender

dysphoric or gender diverse minors, including but not limited to pubertal

suppression, hormone therapy, and surgery ...." This definition makes little sense.

The term "gender diverse" describes people with gender identities and/or

expressions that are different from social and cultural expectations attributed to

their sex assigned at birth. What would be treated is not specified by this definition.

In contrast, the term "gender dysphoria" is highly-specific and means a state of

distress or discomfort that may be experienced because a person's gender identity

differs from that which is physically and/or socially attributed to their sex assigned

at birth. It is unclear based on the definition as a whole whether the CID seeks

information on all medical treatments received by gender diverse minors- from

band-aids for scraped knees to pubertal suppression, or whether it seeks information

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 17 of 76 •PUBLIC•

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specifically for treatment of gender dysphoria alone. Finally, this definition is

entirely based on WPATH's opinion and is circular.

In light of these vague, subjective, and ambiguous terms, WPATH lacks sufficient notice

of how it can comply with the CID.

RESERVATION OF RIGHTS

By submitting this Petition to Quash, WPATH does not waive any rights to make additional

arguments against the FTC's investigation of WPATH, the CID, or both, under the FTC Act, the

United States Constitution, or any other statute or rule.

CONCLUSION

For the reasons set for above, WPATH respectfully requests that the Commission quash the

CID in its entirety. In the alternative, WPATH requests that the Commission modify or narrow the

CID, despite the fact that such modifications would not cure its jurisdictional defects or the

intrusions upon WPATH's constitutional rights.

Respectfully submitted by:

s Abbe David Lowell

Abbe David Lowell

LOWELL & ASSOCIATES, PLLC

1250 H Street, NW, Suite 250

Washington, DC 20005

Telephone: (202) 964-6110

Facsimile: (202) 964-6116

alowellpublicoutreach@lowellandassociates.com

Schuyler Standley

Isabella Oishi

LOWELL & ASSOCIATES, PLLC

1250 H Street, NW, Suite 250

Washington, DC 20005

Telephone: (202) 964-6110

Facsimile: (202) 964-6116

sstandley@lowellandassociates.com

ioishi@Jlowellandassociates.com

February 9, 2026

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 18 of 76 •PUBLIC•

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CERTIFICATE OF SERVICE

I hereby certify that, on February 9, 2026, the foregoing Petition to Quash Civil

Investigative Demand was served:

By Electronic Mail and Hand Delivery:

Office of the Secretary

Federal Trade Commission

600 Pennsylvania Avenue, N. W.

Washington D.C. 20580

electronicfilings@ftc.gov

April Tabor, Secretary of the Commission

Federal Trade Commission

600 Pennsylvania Avenue, N.W.

Washington D.C. 20580

atabor@ftc.gov

By Electronic Mail:

Katherine White

Deputy Secretary

Federal Trade Commission

600 Pennsylvania Avenue, N.W.

Washington D.C. 20580

kwhite@ftc.gov

Jonathan Cohen

Federal Trade Commission

600 Pennsylvania Avenue, N.W.

Washington D.C. 20580

jcohen2@ftc.gov

Gregory Ashe

Federal Trade Commission

600 Pennsylvania Avenue, N.W.

Washington D.C. 20580

gashe@ftc.gov

Jennie Hitchcock

Federal Trade Commission

600 Pennsylvania Avenue, N. W.

Washington D.C. 20580

jhitchcock@ftc.gov

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 19 of 76 •PUBLIC•

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Hans Clausen

Federal Trade Commission

600 Pennsylvania Avenue, N.W.

Washington D.C. 20580

hclausen@ftc.gov

Annie Chiang

Federal Trade Commission

600 Pennsylvania Avenue, N.W.

Washington D.C. 20580

achiang@ftc.gov

By: Isl Abbe David Lowell

Abbe David Lowell

LOWELL & ASSOCIATES, PLLC

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 20 of 76 • PUBLIC •

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Exhibit 1

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 21 of 76 • PUBLIC•

United States of America

Federal Trade Commission

PUBLIC

Civil Investigative Demand

1a. MATTER NUMBER

1. TO

Wortd Professional Association for Transgender Health. lne.

c/o Northwest Registered Agent Service, Inc.

2501 Chatham Road, Suite N

Springfield, IL 62704

P2&4800

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

O You are required to appear and testify.

YOUR APPEARANCE WILL 8E BEFORE

LOCATION OF HEARING

DATE AND TIME OF HEARJNG OR DEPOSITION

r.;i YOY are reqYlred to prod\lc:e all documents described In the atta<hed schedule that are in your possession, custody, or contro , and to make them

~ available at your .i<tdress indicated a ~ for in5pection and copyir\g or reproduction at the date and time spec;lned be ow.

r.;t You are required to ar\SWel' the interrogatori~ or provide the written report descr bed on l~ attached schedule. Answer ea<:h interr<>gatOI')' or report

~ separately and fully In writing. Submlt your answers or r ~ to the Records Custodian named in Item 4 on or before the date specified b1!1ow.

You are re<1ulred to produce the tangible things dtscribed on the attached schedu'e Produce such things to the Re-cords Custodian named in Item 4

D on or before the date specified below.

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

February 16, 2026 by 5.00pm ET

3 SUBJECT OF INVESTIGATION

Whether the Organization or any other Pe,son, H those terms are defined in the enclosed CID Schedule, h!IVII made. or assl&led others in making, false or

uosul:>St!ntiated representations or engageo in unfa r pradices in connection with the mariceling and advert,sing of Padlatric Gender Oy,ptioria Treatment (as

<1ermec1 in the enelo6ed CID Sclledule) whicl\ acoording to Ille Organization. purpol'\S to nat gender dysphoric or gender d'MtrSe minors, to consumers in

,;tolation of Sectiol1s 5 anel 12 of Ille FTC Act. 15 V S.C. §§ 45. 52. enel whelher FTC action to obtain monetaty relief would be in Ille publle interest See al$O

alte<:hed schedule encl enadled ,esolu1ions.

4. RECORDS CUSTODIAN/DEPUTY RECORDS CUSTODIAN

5. COMMISSION COUNSEL

Gregory Ashe

Federal Ttade CommiSsion

&oO PennsyiVIMI Ave.. NW

IM!stlillglon. OC 20$80

Cr~o,y Ash•

Federal Trade Commission

600 Pennsy1Venlll Alie., NW

Wuhington, OC 20580

202-326-3719

DATEISSUEO

COMMISSIONER'S SIGNAT\JR;,1:J_/l}.

p;;__I',,,,__ _

1/15/26

INSTRUCTIONS AND NOTICES

YOUR RIGHTS TO Rf!°GULATORY ENFORCEMENT FAIRNESS

TIie fTC l\u a longstanding corrmitrnent co a fait regulalo<y enloo:ement em.ironmert.

Jf you are a small ~ (unoer Small Businest Mff'ini«tation standards). you ~

~ o1 Practaa is 1419111 sen,ioe and mar Slltljed )'OU to a penalty imp,sed by law ror

fllln to comply. n,. p,odueliOn d _,,,nl& o, Ille subrrialion of _ , . end report a righl to c:cnlaCI the Small Business Admnisttallon's ~01'181 Ombucllmln 81 1-888REG~AIR [1-888-73'-3Z47) or www.soa.go,,,,'ombudsman iegerding the laime$$ Of tho

in ~ to this demand must Ile made under a sworn cenific:ate. in the form printed

on the second page Cl 11\isdenland, by the person 10whDm tnis demerl(I i'9 clrec;teo Of. ii a,fl'C)4ia,ioa ancl enfO/Qlment adM!its of the agency. YON ~ undentan<I. ~

tllal tlle Nalionlll Ombllosman canllCII d18111J8, SIOP, o, delay a le<ler.ll agency

not a naturill po110n. by II person Of pm,ons h.-ii,g ~ ol Ille facts and

entoroemenl action.

cuaim-.. ol sucll p!'Odlic:tion or respe,nsibla lot INIW1lring each interrogalCly or

- 1 question. TIIIS demand ooes nee requ,,. ~ 17)' 0MB under lhe PapelWOCI(

The FTC stri<;ty forbid$ 1eta1iato,y ed$ by it& emJ:Aoy-. and~ Ml not M pen8llzocl

Recluc:Cion Ad. cl 1980,

kw exPffl$$ing a concem al:IO<lt these lllCIMlin.

TRAVEL EXPENSES

PETITION TO LIMIT OR QUASH

use Ille enclosed lr!MI voV(her to d8im compef'ISlllion to wtic:t> )':)II aie enthlec1 • •

TM Comrni881on'a Rule$ of Pnld!co require tha1 a,ry pellli0n 10 lmit or (lllasll 1111

wilnMt for tNt Comrl"iSSIOII, TIie completed tnMII VOUCllef and this dernanl:1 !lhoukl be

Clllmand be tiled within 20 ci.y, after teNlce, or, If 1he mum data ,s less than 20 days

p,e,ented to Comtri$Slon ~ tot payment. If ycu ate pe.,manemiy « temporarily

alter~- prior to 1l1e rewm dale The Mginsl and ..-.,i.,. cop!H d l>e petition mu,t

1,,..ng-.-lhanU. addNlee on lhia doin:ind ond ii w,:,ufd req1.1raexc:e:,,,ilwe

be ftt.cl -Mtt, !tie Secretllry al Ille Fedenll Trade Cotnrrlsslon. end one f»f1'/ ShOuld be

tr1Mll for you t o ~- yo,., must get prier app<Oll8I from Comnw99iOII ColnMIJ.

sent to tM ~ i o n ec..nsei named In llem 5.

The deli"'lry of this clemancl to )'OU by q melhOO presa,bed by hi Con'V!i9sion's

A copy al h Ccn\m1$IOII'• RI.le$ d Praclice ia aveilallle orina al bllRJ&IIJxi

ElCSBi#IP!f'rFw. Paper~ n 8'J1lilallle upon reqyest.

FTC Form 144 (rev 01/2024}

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 22 of 76 • PUBLIC •

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FEDERAL TRADE COMMISSION (..FfC")

CIVIL INVESTIGATIVE DEMAND (..CID") SCHEDULE

FfC File No. P264800

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

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

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

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

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

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

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

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

records management systems, Your systems for eloctronically stored infonnation, custodians

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

with this CID.

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

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

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

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

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

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

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

applications or Collaborative Work Environments that automatically delete messages or

information that may be relevant to this investigation.

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

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

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

such information, except as allowed under the FTC Act (I 5 U.S.C. § 57b-2), the Commission's

Rules of Practice (16 C.F.R. §§ 4. 10 & 4.11 ), or if required by a legal obligation. Under the FTC

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

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

information without giving You prior notice.

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

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

information responsive to this CID.

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

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

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

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

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

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

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

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 23 of 76 * PUBLIC *

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Definitions and Instructions: Please review C¥efully the Definitions and Instructions that

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

CID.

SUBJECT OF INVESTIGATION

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

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

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

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

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

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

also attached resolutions.

JI.

SPECIFICATIONS

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

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

this CID.

Interrogatories. Please describe in detail:

1. All requirements for membership in Your Organization.

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

profit, or that provide goods or services for profit.

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

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

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

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

training.

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

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

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

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

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

certification program.

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

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

education or trainings offered at those workshops, townhalls, sessions, and conferences.

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

Document You disseminated. Your response should include descriptions of any

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 24 of 76 • PUBLIC •

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pamphlets, posters, or other materials concerning PGDT that You disseminated to

healthcare professionals, patients, and their families, to whom those materials were

disseminated, for what purpose they were disseminated, and the dates when You

disseminated the materials.

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

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

8. Regardless of time period, the process for developing and issuing SOC 8, including every

individual or entity that participated in development and issuance, and any funding

sources.

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

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

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

IO. All formal or infonnal complaints, questions, or inquiries You received related to

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

risks associated with PGDTs.

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

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

l 2. Your views regarding whether the Covered Statements are substantiated, and the

reasoning therefor.

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

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

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

perfonned by each.

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

preservation of email.

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

D()(ument Requests:

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

made in Your advertising or other promotional materials, all D~uments (including tests,

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

substantiate each Covered Statement.

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

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

substantiation.

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

conducted, or contributed to that involved PGDT.

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

related to SOC 8.

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

other organizations, institutions, or individuals regarding the development and

publication of SOC 8.

6. Regardless of time period, all Documents and all Communications related to any review

or research You commissioned or requested from the Johns Hopkins University

Evidence-Based Practice Center.

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

to promote such programs.

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

related to PGDTs.

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

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

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

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

10. All Documents You disseminated referencing the Covered Statements.

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

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

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

l 2. Your Financial Statements for each year.

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

Ill.

DEFINITIONS

The following definitions apply to this CID:

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

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

access Documents, Communications, and infonnation by and among users, including Microsoft

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 26 of 76 • PUBLIC •

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

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

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

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

D-2.

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

D-3.

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

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

safe for muscle, bone, or brain development;

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

PGDTs are supported by evidence-based science;

c. PGDTs improve mental health;

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

representation that PGDTs are life-saving;

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

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

permanent physical changes; and

f. PODTs have few side effects.

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

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

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

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

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

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

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

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

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

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

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

statements of functional expenses.

D-6.

"Organization," "You," or "Your" means or refers to The World Professional

Association for Transgender Health, Inc., its wholly or partially owned subsidiaries,

unincorporated divisions,joint ventures, operations under assumed names, and affiliates, and all

directors, officers, members, employees, agents, consultants, and other Persons working for or on

behalf of the foregoing.

D-7.

"Pediatric Gender Dysphoria Treatment" or ("PGDT") means any medical

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

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

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

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D-8. "Person" means any natural person, an organization or other legal entity, including a

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

or any other group or combination acting as an entity.

D-9. "Professional Medical Organizations" means, including, but not limited to, the

American Academy of Pediatrics, The Endocrine Society, American College of Obstetrics and

Gynecology, American Medical Association (AMA), and its Surgical Groups (American Society

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

Plastic Surgery, American Board of Plastic Surgery, American Association of Plastic Surgery,

and the American College of Surgeons}.

D-10. "SOC 8" means Your 2022 publication entitled "Standards of Care for the Health of

Transgender and Gender Diverse People, Version 8."

IV.

INSTRUCTIONS

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

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

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

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

with the requirements set forth in 16 C.F .R. § 2. 1O(a)( 1) - (2). The FTC wilJ not consider

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

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

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

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

aside in Your petition. 15 U.S.C. § 57b-l(f); 16 C.F.R. § 2.I0(b).

1-1.

1-2.

Withholding Requested Material / Privilege Claims: For specifications requesting

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

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

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

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

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

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

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

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

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

responsive information and material without redaction. 16 C.F.R. § 2.1l(c). The failure to

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

claim. 16 C.F.R. § 2. 1 l(a)( l).

1-3.

Modifi(ation of Specifications: The Bureau Director, a Deputy Bureau Director,

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

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

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 28 of 76 • PUBLIC •

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

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

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

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

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

1-4.

Identification of Responsive Documents: For specifications requesting production of

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

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

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

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

submission.

1-5.

Maintain Document Order: For specifications requesting production of Documents,

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

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

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

file paths from which such Documents came.

1-6.

Numbering of D~uments: For specifications requesting production of Documents,

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

number or a Document ID.

1-7.

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

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

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

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

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

proceeding.

1-8.

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

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

color if necessary to interprel them or render them intelJigible.

1-9.

Electronically Stored Information : For specifications requesting production of

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

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

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

electronically stored infonnation with FTC staff prior to production.

1-10.

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

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

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

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

minimize the amount of Sensitive PU or SHl You produce, and how to securely transmit such

infonnation to the FTC.

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 29 of 76 • PUBLIC •

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

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

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

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

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

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

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

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

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

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

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

payment for the provision of health care to an individual.

Interrogatory Responses: For specifications requesting answers to written

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

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

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

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

contemporaneously with Your interrogatory responses.

1-12.

Submission of Documents in Lieu of Interrogatory Answers: You may answer any

written interrogatory by submitting previously existing Documents that contain the information

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

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

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

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

are responsive.

1-13.

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 30 of 76 • PUBLIC •

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CERTIFICATION OF COMPLIANCE

Pursuant to 28 U.S.C. § 1746

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

Commission's ("FTC") Civil Investigative Demand directed to World Professional Association

for Transgender Health, Inc. (the "Organization") (FTC File No. P264800) (the "CID"):

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

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

lhe ClD and either:

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

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

setting forth the basis for withholding the responsive infonnation.

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

knowledge.

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

Date: _ _ _ _ _ _ _ _ _ __

Signature

Printed Name

Title

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 31 of 76 * PUBLIC *

PUBLIC

CERTIFICATION OF RECORDS OF REGULARLY CONDUCTED ACTIVITY

Pursuant to 18 U.S.C. § 1746

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

and am competent to testify as follows:

I have authority to certify the authenticity of the records produced by World Professional

Association for Transgender Health, Inc. (the "Organization") and attached hereto.

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

copies of records of regularly conducted activity that:

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

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

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

and

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

Organization.

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

Date: _ _ _ _ _ _ _ _ _ __

Signature

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 32 of 76 * PUBLIC *

Federal Trade Commission - Bureau or Consumer Protection

Production Requirements

PUBLIC

Revised }anua,y 2024

In producing infonnation to the FTC, comply with the following requirements, unless the ITC

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

Production Format

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

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

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

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

document.

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

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

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

every image file.

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

course of business must be produced in the following format:

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

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

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

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

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

necessary to interpret the contents or render them intelligible.)

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

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

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

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

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

discuss the production format with FTC counsel.

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

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

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

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

load file.

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

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

to separate the prefix. from numbers.

-AJ-

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 33 of 76 • PUBLIC •

5. Attachments: Preserve the parent/child relationship by producing attachments as sepa&lJBLIC

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

attachments.

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

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

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

Concordance delimiters in delimited data load files:

Description

Field Separator

Quote Character

Multi Entry delimiter

<Return> Value in data

Symbol

ASCII Character

254

174

126

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

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

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

Producing Data to the FfC

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

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

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

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

If you submit data using physical media:

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

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

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

advance of delivery, under separate cover; and

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

delay postal delivery.

Provide a transmittal letter with each production that includes:

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

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

and

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

-A2-

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 34 of 76 * PUBLIC*

Standard Metadata fields

PUBLIC

DAT Fllf FlflOS

OEflNmONS

PO,ULATE FIELD FOR:

Doell>

Unique 10 number for eadl docvment

AR Documents

FamilylO

Unique 10 for all documents In a fam ly including parent in<! all child documenu

All Documents

Paren110

Document 10 of the 1)3h!r'lt documel'l. This ti~ld wil only be populated on ell Id Items

AA OOC:Uments

Fie Path

Path to produced n;ti~ fie

Al Documents

Te,,tPath

Path to d0C1Jmen1 level text or OCR flle

All Docliments

OJstod'iltl

Name of the record owner/holder

AIIDocuml!fltS

AllCustocllans

Names of 3'.I cust~ns that had COl)y of U,fs record (populate If data was deduplicated

or em~! threading was used)

All Oocuments

Source

Source of document$: CIO, Subpoena, Third Party Data, etc.

All Oocuments

Filename

Original file Nlme

All Documents

File Size

Size of dOCUmet'IIS

All Documents

FIie Extensions

Exten$!0n of Ille type

All 0ocUITlelll$

MOS Hash

Unique ldentifl&r for electronic data u~d in de-duplocatton

AU Documents

PROOUcnoo_VOlUME

Production Volume

Al Documents

HASREOACTIONS

Redaaed document

All Oocume,,ts

Exception Reason

Reason for except,On encountered during processint (e.g., empty tile, $0llrce Ilk:,

password-orotected file, virus)

AD Oocume,,ts

PR008t:G

~ginning production bates number

Documents with Produced Images

PIIODENO

Ending production bates number

Documents with Produced Images

PROOBEG_ATTACH

Beginning production family bates number

oocvmenu with Produced Images

PROOENO_ATTACH

Endltlg production family ootes number

Documents with Produced images

P?J11 Count

The number of pages t1le document cootalns

Documents with Produced Images

From

Names retrieved from the FROM field in a message

e:mailS

Names retrieved ftom tfle TO field in a messaae; the reciplent(s)

Emails

Names retrieved ftom tfle CC field in a message; the copied reciplent(s)

Emails

8CC

Names retrie'lecl from l.11e BCC field In a message; the blind (X)pied recipient(s)

Emails

EmallSubject

Emal subJect line

Emails

Date Sent

!Th• date an email message was sen1

Emails

Time Sent

The lime an email message was sent

Emails

Oate Received

Tile date an ernall message was recei~

Emails

Time Received

TM time an email rooss:aae was received

£malls

Author

fileAumor

loose Nallve Files and Email An~hments

Tl~

file Title

loose Native Files and Emall Attachments

Subject

File Subject

Loose Nati~ Flies and Email Attachments

Date Cre.ated

Oate a document wascreated by the file symm

loo,e Native Flies and Emal! Attachments

T'WMCreated

Time a document was created by the file system

Loose Native Filts and Email Attll<;hmants

Date Modlf1ed

Last date a dOcument was modified ancl recorded by the Ille system

loose Natlve Flies and Email Attachmem:s

TlmeModil'led

~st ttme a document was modified and recorded by t~ file system

Loo~ NatiVe files and Email Attachments

oate Printed

Last date a dOcument was printed and recorded by the file system

Loose Natlw Files and Email Attachments

TlrMPr1nted

~st time a doc:ument was printed and recorded by tile file system

loose Nattvt Flies and Em all Allachments

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 35 of 76 • PUBLIC •

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UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS:

Joseph J. Simons, Chairman

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 BEALTH

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 wifair acts or practices in or affecting commerce in the

advertising, marketing, or sale 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; 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 offalse advenisements, 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 detennine 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

Olgita~ signed

by APRIL TABOR

Dalt: 2019.08.12

12:09:40 -04'00'

April J. Tabor

Acting Secretary

Issued: August 9, 2019

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 36 of 76 * PUBLIC *

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UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS:

Lina M. Khan, Chair

Noah Joshua Phillips

Robit 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 detennine 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,

SO.and 57b- I, 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 I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 37 of 76 • PUBLIC •

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Exhibit 2

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 38 of 76 • PUBLIC •

PUBLIC

BEFORE THE UNITED STATES

FEDERAL TRADE COMMISSION

In the Matter of

The Civil Investigative Demand dated

January 15, 2026, to the World Professional

Association for Transgender Health

FTC File No. P264800

STATEMENT OF COUNSEL PURSUANT TO 16 C.F.R. § 2.10(a)(2) IN SUPPORT OF

PETITION TO QUASH CIVIL INVESTIGATIVE DEMAND

Counsel for Petitioner World Professional Organization for Transgender Health

("WPATH") respectfully submits this Statement of Counsel pursuant to 16 C.F.R. § 2.10(a)(2) in

support of the Petition to Quash the Civil Investigative Demand filed by WPATH on February 9,

2026, in this Matter.

On January 15, 2026, the FTC issued a Civil Investigative Demand ("CID") to

WPATH containing 28 Specifications.

WPATH received the CID on Friday, January 16, 2026. It retained outside counsel

to respond to this investigation, including Abbe David Lowell, Isabella Oishi, and Schuyler

Standley, (hereinafter, "WPATH's counsel").

On January 28, WPATH's counsel requested a preliminary meet-and-confer with

the FTC Commission Counsel listed on the CID, Gregory Ashe, as well as a longer, more

substantial second meet-and-confer at a later date.

On January 30, 2026 at 1:00 p.m. EST, WPATH's counsel Abbe David Lowell and

Schuyler StandJey and FTC representatives, including Jonathan Cohen, Gregory Ashe, Hans

Clausen, and Annie Chiang (hereinafter, "Commission Staff"), held a meet-and-confer to discuss

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 39 of 76 •PUBLIC•

PUBLIC

the CID. WPATH's counsel described its preliminary objections to the CID, including but not

limited to:

a. That, as a nonprofit that does not engage in commerce, does not engage with

conswners, and does not treat patients, WPATH falls outside of the FTC's

investigative and enforcement jurisdiction, and that the CID is therefore

invalid and unlawful;

b. That the broad scope of the CID went beyond FTC's authority;

c. That the CID requests sought information irrelevant to commerce.

WPATH's cowisel reserved their right to raise further objections to the CID in the second meetand-confer.

During this January 30 meet-and-confer, Commission Staff provided a verbal

proposed production schedule. They additionally asked WPA TH's counsel questions regarding

WPATH's search methodology and tools, custodians and locations of information. privilege logs,

and the imposition of the litigation hold. WPATH's counsel confirmed the litigation hold and they

would endeavor to have additional answers to the Commission Staffs questions at the requested

time as well, but may not be able to do so. Commission Staff provided that they would provide

WPATH with a proposed production schedule in writing.

On February 2, 2026, WPATH's counsel reached out to schedule a second meet-

and-confer to continue discussing its objections, for the following day, February 3, 2026. Later

that day, Commission Staff responded confirming the meet-and-confer, and provided a proposed

production schedule: (1) By February 16, respond fully to Document Request Nos. 10 and 12; (2)

by March 16, respond fully to five Document Requests and five Interrogatories (excluding

Interrogatory 15 or Request 13); (3) by April 16, respond fully to all remaining Document

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 40 of 76 • PUBLIC •

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Requests and Interrogatories. See Exhibit 5. It provided that this production schedule would be

permitted on the condition that WPATH agree to accept service, forgo any petition to quash, and

continue to engage in good faith.

On February 3, 2026 at 12:00 p.m. EST, WPATH's counsel (Abbe Lowell,

Schuyler Standley, Isabella Oishi) engaged in a second meet-and-confer with Commission Staff

(Jonathan Cohen, Annie Chiang). During this call, Commission Staff concurred that the proper

date for the petition to quash was February 9, 2026. WP ATH's counsel raised the following issues:

a. That WPATH does not fall within FTC's investigative or enforcement

jurisdiction, even under 15 U.S.C. § 57b-1, and that this investigation

appears directed at WPATH;

b. That the issuance of the CID and the FTC's investigation violated

WPATH's First Amendment rights, as it arose out of the current

administration's animus towards WP ATH and its members' speech and

advocacy supporting rights and healthcare for transgender and gender

diverse individuals, and that it was intended to intimidate and chill

WPATH's exercise of its First Amendment rights;

That the CID sought infonnation, such as member and donor information,

that was protected by the First Amendment, through its interrogatories and

document requests;

d. That the CID appeared to request substantial information that was publicly

available and that applied beyond the relevant terms of the investigation, for

example, relating to healthcare for adults, rather than minors;

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 41 of 76 • PUBLIC•

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e. That the CID was vague, ambiguous, and subjective, including, but not

limited to the terms "members,'' "substantiated," "complaint," "disprove,"

"question," as well as the definitions of the terms "Covered Statements,"

and "Pediatric Gender Dysphoria Treatment."

During this same meeting, WPATH's counsel noted that they could be receptive to

proposals by Commission Staff for production of information regarding jurisdiction alone.

WPATH's counsel additionally stated they would continue to confer in good faith to attempt to

resolve these issues, but that if Commission Staff could not resolve its objections, that it would be

forced to petition to quash this CID, but that an extension on the petition to quash and production

deadlines would enable WPATH's counsel to engage in further meet-and-confers to better

understand the scope of the subpoena. Commission staff asked the same questions regarding

search and production methodology and logistics, such as custodians, privilege logs, and the use

of certain tools, like artificial intelligence, in the search process. WP ATH's counsel stated that

they did not have answers to these questions at that time, as the scope of the CID was not yet clear.

10.

On February 5, 2026, Commission Staff sent WPATH a memorandwn

swnmarizing some of WPATH's objections and responding to certain issues, such as responding

to WPATH's counsel's questions regarding the terms "substantiated," "members," "safe," and

"medical intervention." See Exhibit 6.

It additionally stated that the CID did not require

production of information available to the public on WPATH's website.

11.

On February 6, 2026, WP ATH sent Commission Staff a counterproposal that it

believed would provide the Commission with at least some responsive infonnation without further

infringement on WPATH's First Amendment rights. Although this consists of publicly available

information, WPATII offered to provide guidance on which information on WPATH's website is

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 42 of 76 • PUBLIC •

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responsive to the requests, as well as to provide certain financial documents that it believed would

help the Commission detennine its jurisdiction over WPATH. WPATH indicated that it would

answer further questions regarding search and production methodology and logistics once the

scope of the CID was more settled, but provided that they did not anticipate using artificial

intelligence to conduct its searches. Finally, WPATH's counsel reiterated their intention to

continue to engage in good faith discussions with the Commission Staff, and requested a sevenday extension for the petition to quash and production date.

12.

On February 7, 2026, Commission Staff declined the counterproposal, stating that

WPATH's guidance on relevant, publicly available information was not needed, declining

WPATH's offer of certain financial statements, and stating that it did not need to "bargain" for the

responses to its questions regarding search methodology, custodians, document storage, and

privilege assertions. It stated its disagreement with WP ATH' s characterizations of its objections.

It did not respond to WP ATH's request for a seven-day extension for the petition to quash and the

production schedule.

13.

On February 9, 2026, WPATH's counsel responded to Commission Staff in an

email, explaining that it provided the counterproposal in good faith. WPATH's counsel notified

Commission Staff that WPATH would file this Petition to Quash, as it had not received resolution

of its objections by its due date.

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

Executed in Washington, D.C. on February 9, 2026.

Isl Schuyler J Standley

Schuyler J. Standley

LOWELL & ASSOCIATES, PLLC

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 43 of 76 • PUBLIC•

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1250 H Street, 'NW, Suite 250

Washington, DC 20005

Telephone: (202) 964-6110

Facsimile: (202) 964-6116

sstandley@lowellandassociates.com

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 44 of 76 • PUBLIC •

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Exhibit 3

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 45 of 76 •PUBLIC•

PUBLIC

BEFORE THE UNITED STATES

FEDERAL TRADE COMMISSION

In the Matter of

The Civil lnvestigative Demand dated

January 15, 2026, to the World Professional

Association for Transgender Health

FTC File No. P264800

DECLARATION OF WORLD PROFESSIONAL ASSOCIATION FOR TRANSGENDER

HEALTH IN SUPPORT OF PETITION TO QUASH CML INVESTIGATIVE

DEMAND

I, Leo Lewis, declare as follows:

I am the Executive Director of the World Professional Association for Transgender

Health ("WPATH"). If called upon to testify as to the facts set forth herein, I could and would

testify competently thereto.

I have been the Executive Director of WPATH since February 24, 2025. As

Executive Director my work involves. among other things, overseeing the internal and external

operations of the WPATH; developing board policies and systems to ensure the effectiveness of

the organization; supporting the organization's mission and strategies; improving processes for the

organization to meet both long- and short-term objectives; setting standards and expectations for

governing the organization; understanding and overseeing the current and future financial

resources and expenditures of the organization; and working directly with the organization's board

members, stakeholders, consultants, and members to advance WPATH's mission.

WPATH, then the Harry Benjamin International Gender Dysphoria Association,

was founded in 1979. It is a 501(c)(3) non-profit interdisciplinary professional and educational

organization devoted to transgender health.

FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 46 of 76 • PUBLIC •

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WPATH's mission is to promote evidence-based care, education, researc~ public

policy, and respect in transgender health.

WPATH is an international membership organization, and it has regional affiliated

organizations in Europe and the United States. We also work collaboratively with unaffiliated

membership organizations globally.

These organizations and WPATH members work

collaboratively to help ensure safe, competent, and available healthcare for transgender and gender

diverse people around the world. WPATH members work together to increase access to competent

care and address the needs and concerns of transgender people through collaboration of their

expertise in education, public policy, clinical medicine, research, and communication.

At this time, WP ATH has over 3,000 members. Many WPATH members engage

in clinical and academic research to develop evidence-based medicine.

Others are legal

professionals, social workers, psychologists, or medical providers. As part of its mission to

encourage evidence-based medicine and a high quality of care for transgender and gender diverse

individuals, WPATH's core purpose is to provide a professional environment for its members to

engage in free and open discussion, debate, and research.

Consistent with WPATH's position as an international organization, WPATH's

statements, standards of care> and publications have global applicability, are translated into many

languages, and are not written to adhere to any one country's specific health care system or

regulations. For these reasons, WPATII has not issued specific recommendations for compliance

with the specific laws or regulations in any individual country.

WP ATH engages in a number of activities, including offering access to the

International Journal of Transgender Health, which is an independently owned peer-reviewed

medical jowual.

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WPATH also hosts educational events which provide members and others working

in transgender health the opportunity to interact, collaborate, and learn from their colleagues who

are leading authors, clinicians, and expert researchers in transgender health. WPATH holds

educational symposia, courses, and workshops to improve access to accurate and up-to-date

information and research in the field of transgender health. Further information about these

symposia, courses, and workshops are available on our website.

10.

Transparency is important to WPATH.

Detailed information regarding our

organizational structure, membership benefits and requirements, courses, certifications, public

statements, symposia, workshops, and research are all available on our website.

11.

WPATH's mission is also served by issuing clinical guidelines.

WPATH is

internationally recognized for establishing and updating the WP ATH Standards of Care ("SOC")

for the treatment and health of transgender and gender diverse people globally. These SOC

articulate a professional consensus about the psychiatric, psychological, medical, and surgical

management oftransgender and gender diverse people.

12.

In September 2022, the International Journal ofTransgender Health published the

Standards of Care, Version 8 ("SOCS"). SOCS were written to be flexible and adaptable to meet

the diverse needs of transgender and gender diverse individuals globally. The criteria in the

standards of care are clinical guidelines written to promote informed, doctor-patient decision

making on optimal care, which may include varying interventions based on individual patient

needs.

13.

The process and methodology for developing SOC8 is set forth in detail m

Appendix A of SOCS, and also are explained on the WPATII website.

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14.

The evidence and materials considered and relied upon in drafting and finalizing

SOC8 can be found in the References section of SOC8.

15.

The names and titles of the contributors can be found on the title pages of SOC8,

as well as on WPATH's website, including descriptions of their contributions to SOCS.

16.

As a non-profit organization, WP ATH operates on a modest budget and has limited

financial resources.

17.

WPATH does not operate or aim to increase the profit of any of its members.

18.

WPATH's board of directors and executive committee are volunteers. They come

from a variety of backgrounds and specialties, including surgeons, medical professionals,

pediatricians, mental health professionals, and public policy.

19.

WPATH generates revenue primarily through membership dues, education, and its

scientific symposium, and reinvests those funds into the organization, including its standards of

care, education, global engagement, and long-tenn organizational stability.

20.

WPATH does not advertise products or services to consumers.

21.

Outside of the benefits set forth on its website, WP ATH does not provide discounts,

products, or services to its members.

22.

WP ATH does not provide licenses or set requirements for clinicians, researchers,

or other professionals to engage in their respective fields or professions.

23.

I have reviewed the CID issued on January 15, 2026, which covers a broad range

of topics and issues that relate to many different aspects of WPATH's work. WPATH received

the CID on January 16, 2026.

24.

Responding to the CID would require WPATH to expend time and resources to

provide the documents sought in the CID. The scope of these requests, in their current state, would

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mean that I could no longer dedicate all my time to completing the daily tasks necessary to manage

the important work of the association. The scope of this search would also unduly burden my

staff, in that it would require the assistance of other team members, who would then be unable to

function in their roles at WPATH.

25.

In my view, the work I have described that would be required to respond to the CID

as drafted would distract my team from the critically important, time-sensitive work we do

advancing and improving healthcare for transgender individuals.

26.

I also view this CID, which requests our private, confidential internal

communications, as exceedingly intrusive. It requests the production of internal communications

with our members and partners, including internal chats, emails, notes, and drafts. Our members

use all of these channels to communicate with each other and engage in open discussions.

27.

Many of our members have requested that their contributions, participation, and

affiliation with WPATH remain confidential and anonymous.

28.

Based on my experience with WP ATH staff, members, and partners, I believe that

our staff, members and partners will communicate less (and less openly) if WPATH is forced to

disclose their documents, identities, and communications to the FTC. Our staff is already more

cautious in its communications for fear that they will be produced and taken out of context in an

attempt to misuse and harm the persons we are trying to help.

29.

I am also concerned that new members will fear joining WPATH if they know their

membership information, private emails, and comments shared with us and each other could

subject them to harassment arising from this litigation or other similar litigation, even when they

specifically request anonymity.

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30.

Over the last several years as transgender health has become the subject of charged

rhetoric, WPATH's work has been considered controversial in some comers. Our members and

staff have been increasingly harassed, intimidated, and subjected to threats of harm.

31.

Our staff and members have experienced attacks via email, phone calls and

threatening voicemails, and social media messages and posts threatening and harassing them by

name. Our members are frequent targets of similar attacks. For example, recent posts on the social

media platform X have displayed our members covered in blood, and demanding they be locked

up:

32.

Members have been illegally videotaped during educational presentations and had

their intellectual property misused and edited in a manner that has led to threats of violence.

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33.

Members and staff have been required to implement serious security measures in

response to these threats and harassment, such as installing panic buttons and conducting security

audits.

34.

As a result of receiving the CID, WPATH decided to temporarily cease offering

certain educational programs. This includes the Global Education Institute ("GEi") activities, such

as online and in-person courses, mentorship programs, and certification examination-related

functions, as well as closing the member-to-member message board, Journal Club, and the

California Health Provider Program ("HPP"}.

35.

Open, honest dialogue is also essential to the accuracy of our work and practice

recommendations, which medical professionals across many specialties use and rely on to inform

their medical decision-making. We work with thousands of medical experts every year to

understand the latest science, and to review and edit our publications, educational materials,

curriculum, and public statements. These experts are volunteers and do this work out of a need to

help improve care for transgender and gender diverse individuals. Having personally discussed

these issues with many of them for years, I know that many would think twice before volunteering

their expertise if their confidential feedback could be shared with the world. Our ability to receive

candid feedback depends on the confidence that peer reviews and communications within WP ATH

will not be publicly disclosed. Based on my experience, I believe enforcement of this subpoena

win greatly hinder the quality and accuracy of our work product, which in tum will worsen the

care that our members provide to their patients across all health domains.

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

Executed in Silver Spring, Maryland on February 9, 2026.

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Leo Lewis

EXECUTIVE DIRECTOR, WPATH

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Exhibit 4

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THE WORLD PROFESSIONAL ASSOCIATION

FOR TRANSGENDER HEALTH, INC.

A NONPROFIT EDUCATIONAL ORGANIZATION

BYLAWS

ARTICLE I. NAME

The name of this organization shall be the World Professional Association for

Transgender Health, Inc. (WP ATH), formerly known as the Harry Benjamin

International Gender Dysphoria Association, Incorporated (HBlGDA), hereinafter

referred to as "the Association."

ARTICLE II. PURPOSE

The Association's stated purpose is to provide a mechanism whereby

professionals from various subspecialties of such disciplines as medicine, psychology,

and the law may interact and communicate with each other to share research and clinical

practice experience affecting the health and well-being of transsexual, transgender, and

gender-nonconfonning people.

The Association will promote meetings of interested professionals from a variety

of professions and will encourage the dissemination of knowledge and best practice

guidelines regarding gender dysphoria, transsexualism, and transgender health and wellbeing in general, to the professions and to the general public.

ARTICLE III. OFFICES

Section One. Incorporation. The Association is incorporated in the State of Texas.

Section Two. Principal Office. The Association will have a legal office ("WPATH

Office") associated with the business address of the Executive Director and /or the

location where the day-to-day business functions of the Association are conducted.

ARTICLE IV. GOVERNMENT

Section One. Voting Membership. The Full, Honorary, and Emeritus members of

this Association shall be the voting membership.

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Section Two. Board of Directors. The administrative body of this Association shall be

the Board of Directors, which includes seven (7) at large members, one ( l) student

liaison (non-voting), and the five (5) Officers of the Association. One (I) additional

voting Board member shall represent each duly authorized Regional Affiliate of the

Association. All members of the Board of Directors must also be members in good

standing of the voting membership.

ARTICLE V-A. BOARD OF DIRECTORS AND OFFICERS

Section One. General Powers. The affairs of the Association shall be managed by its

Board of Directors, who will be elected by the membership, except as noted below,

Section Two. Nwnber. Tenure, and Qualifications. The number of At-large Directors

shall be seven (7). Each At-large Director shall serve for a tenn of four (4) years or until a

successor has qualified. At-large Directors may succeed themselves without limitation for

one term, for a total of eight (8) years. However, an At-large Director is not prohibited

from serving as an Officer or as a Regional Affiliate Organization Director after eight

years of Board service. Similarly, after eight years on the Board and two years off the

board, any fonner Director is again eligible to be nominated and elected to another Board

tenn. At-large Directors serve the entire Association, and may not represent regional or

other member blocks. At-large Directors may not serve as Regional Directors

simultaneously while serving as an At-large Director. No person may hold or run for two

or more positions on the Board at the same time.

Section Three: Regional Directors. Regional Affiliate Organizations of the Association

may be formed to further professional communication, education and training, and policy

efforts within a specific geographic region or country to provide greater attention to local

members and local issues than is possible or practical to be tended to by the entire

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WPATH Membership. Regional Affiliates may elect one (I) representative Director to

the WPATH Board for a tenn of two (2) years in elections that are conducted within the

specific region, such that only voting members from that region shall elect the Regional

Director. Regional Directors may be re-elected for two (2) subsequent consecutive tenns

for the total service duration of six (6} years, after which they are not precluded from

running for an At-large Director position or an Officer position with the Association.

They may also run for election again as a Regional Director after standing down for at

least one two (2) year term.

Section Four: Regional Affiliate Leadership. Regional Affiliate Organizations shall be

constituted by a local leadership. Each Regional Affiliate Organization shall have its own

operating agreement with WPATH. Regional Affiliate Organizations must be approved

by the WPATH Board of Directors. Upon the chartering of the Regional Affiliate

Organization, such entity must be re-approved every two {2} years by the WPATH Board

of Directors to remain recognized as an Affiliate Organization. lt is recommended that

Regional Organizations be led by at least two Co-chairs from the region. Directors and

Co-chairs may be volunteers from the time of Affiliate establishment to the time of the

next regular Regional election, as determined by the Regional leadership. Thenceforward,

Regional Officers and Directors shall be elected by the Regional Membership every two

(2) years thereafter. Regional Affiliate Co-chairs may also establish other supporting

positions as needed to operate the Organization. Regional Affiliate Organizations are

responsible for conforming to the relevant laws governing professional educational

associations in the country where they are constituted, and may establish their internal

governance entirely according to local law or custom, including the capacity to refer to

themselves as a WPATH Region, Regional Affiliate, or Regional Chapter, or other

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appropriate nomenclature in conformance with local law or custom governing nongovernmental organizations (NGOs).

Section Five. Regular meetings. Biennial meetings of the full Board of Directors shall

be held with prior notice to the membership, usually at the time of the meeting of the

membership at the biennial international symposium.

Section Six. Special meetings. Special meetings of the full Board of Directors may be

called by or at the request of the Association President or any four (4) Directors.

Meetings of the Board may be conducted by long-distance conference telephone or any

electronic media conferencing including the Internet or Intranet, or by any other meeting

method as may be available and practical. The meeting at the time and place of the

biennial meeting of the membership shall be held with the physical presence at the

meeting site of a majority of the full Board of Directors.

Section Seven. Notice. Notice of any special meeting of the Board of Directors shall be

given at least seven days previously thereto by written notice delivered personally by

mail, fax or E-mail to each Director at their address as shown by the records of the

Association. Any Director may waive notice of any meeting. The attendance of a Director

at any meeting shall constitute a waiver of notice of such meeting, except where a

Director attends a meeting for the express purpose of objecting to the transaction of any

business because the meeting is not lawfully called or convened. An initial agenda for the

meeting shall be provided in the notice.

Section Eight. Quorum. A majority of the duly elected Board of Directors shall

constitute a quorum for the transaction of business of any meeting other than Executive

Committee meetings.

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Section Nine. Manner of Acting. The act of the majority of Directors present at a meeting

at which a quorum is present shall be the act of the Board of Directors unless the act of a

greater number is required by law or by these bylaws.

Section Teo. Compensation. Directors, or Regional Co-chairs, as such, sha11 not receive

any stated salaries for their services, but by resolution of the Board of Directors, any

Director may be indemnified for expenses and costs, including attorney's fees actually

and necessarily incurred by them in connection with a claim asserted against them by

action in court or otherwise by reason of their being or having been such Director or Cochair, except in relation to matters as to which they shall have been guilty of negligence

or misconduct in respect of the matter in which indemnity is sought.

Section Eleven. Tenn of Office. The term of office (inauguration and tennination) is

roughly four (4) years for the at-large Directors and roughly two {2) years for Officers

and for Regional Affiliate Directors or Regional Affiliate Co-chairs. Tenns for Officers

and all Directors or Co-chairs shall be fixed to the time of the biennial international

meeting. In the event that no such meeting occurs within 30 months of the previous such

meeting, the existing Board of Directors will set the time for the inauguration of the new

tenn for new Directors.

Section Twelve. Removal. Any Director or Officer elected or appointed by the

membership may be removed by the Board of Directors whenever, in their judgment,

the best interests of the Association would be served thereby. Removal of a Director or

Officer requires a two-thirds majority vote of the full Board of Directors (including all

At-large and Regional Directors seated on the Board).

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Section Thirteen. Vacancies. A vacancy in any office because of death, resignation,

removal, disqualification, or otherwise, may be filled by the Board of Directors for the

unexpired portion of the term except in the case of a vacancy in the Presidency, in which

case, the President-Elect will become President, and the then vacant position of

President-Elect will remain vacant until an election is authorized by the Board. In the

case of the simultaneous vacancy of the President and President-Elect positions, the

Board of Directors may appoint an interim President to complete the unexpired portion of

the tenn.

Section Fourteen. Executive Committee. The Executive Committee composed of the

Association Officers and Executive Director may meet to conduct the routine business of

the Association when the Association and the Board of Directors are not meeting as a

whole. The Executive Director serves as an ex-officio member of the Executive

Committee. Substantive business, such as any major restructuring or dissolution of the

Association, as decided by the Board of Directors, will be brought for a vote of the entire

Board of Directors or the entire Association, as appropriate. Decisions affecting any

particular geographic region in which a Regional Affiliate Organization is constituted

shall not be made by the Directors without participation in the decision by the Regional

Affiliate's elected or appointed Director.

ARTICLE V-B. OFFICERS

Section One. Officers. The Officers of the Association shall be a President, President-

Elect, Past President, a Treasurer, and a Secretary. The President, Past President, and

President-Elect cannot succeed themselves, but there is no limit as to the number of times

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an individual may hold these offices. No person may hold or run for two or more

positions on the Board at the same time.

Section Two. President. The President shall be the principal Executive Officer of the

Association and shall, in general, supervise and control all of the business and affairs of

the Association. They shall preside at all meetings of the members, Executive

Committee, and Board of Directors. They may sign, with the Treasurer and/or Executive

Director or any other proper Officer of the Association authorized by the Board of

Directors, any deeds, mortgages, bonds, contract, or other instruments that the Board of

Directors has authorized to be executed, except in cases where the signing and

execution thereof shall be expressly delegated by the Board of Directors or by these

bylaws, or by statute to some other Officer or agent of the Association; and, in general,

they shall perform all duties incident to the office of President and such other duties as

may be prescribed by the Board of Directors from time to time. They will serve a term

of office of roughly two (2) years (as described above}.

Section Three. President-Elect. In the absence of the President, or in the event of their

inability or refusal to act, the President-Elect, shall perform the duties of the President,

and when so acting shall have all the powers of and shall be subject to all the restrictions

on the President. The President-Elect shall perform such other duties as from time to time

may be assigned to them by the President or Directors. They will automatically assume

the Presidency for roughly a two-year term upon completion of their term as PresidentElect (as described above).

Section Four. Treasurer. The Treasurer shall have general oversight responsibility of the

financial matters executed by the Executive Director of the Association. They will, in

conjunction with the Executive Director, be responsible for the preparation of the budget

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and financial reports to the Board of Directors on an annual basis. They will have

signature authority on all financial accounts of the Association. In addition, the Treasurer

will, in consultation with the Board, order an audit of the financial records of the

Association at any time. Overall, the Treasurer will insure the fiscal responsibility of the

Association. They will serve a term of roughly two (2) years and may succeed themselves

only once for a total tenn of four (4) consecutive years.

Section Five. Secretary. The Secretary will monitor the activity of Committees, and, in

general, perform such other duties as from time to time may be assigned to them by the

President or by the Board of Directors. They will serve a tenn of roughly two (2) years

(as described above) and may succeed themselves only once for a total of four (4)

consecutive years.

Section Six. Past President. When the President's term expires, they will become the

immediate Past President for a tenn of roughly two (2) years.

ARTICLE V-C: EXECUTIVE DIRECTOR

The Executive Director serves as the operating officer of the Association and carries

out or oversees the day- to-day work of the Association. The Executive Director is

selected by the Board of Directors and may be paid a professional fee negotiated by

them. Under the broad approval of the Board of Directors, the Executive Director

implements the policies and plans of the Association and serves as an information

representative to external and internal sources. The Executive Director maintains a

working relationship with the President to whom they are directly responsible. The

Executive Director works closely with the Board of Directors and with the Committee

Chairs and Regional Co-Chairs in such a way as to develop the services of the

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Association. The Executive Director must provide effective and efficient management

resulting in productive performance and constructive growth of the Association. The

Executive Director is responsible for the management and administration of the

budget, and collects dues from the membership. They will have signature authority on

all financial accounts of the Association. The Executive Director will also perfonn

certain duties of Secretary of the Association by ensuring that records of the meetings

of the Board of Directors and Officers, as well as the minutes of the biennial general

membership meetings, are properly taken and maintained by office staff, and by

ensuring that notices are duly given in accordance with the provisions of these bylaws

or as required by law. The Executive Director is responsible for overseeing the web

site of the Association, production and distribution of correspondence or newsletters to

the membership as detennined by the Board of Directors, as wen as the updating and

maintaining of the membership list. The Executive Director shall attend all meetings

of the Executive Committee and Board of Directors (unless excused), and shall both

inform and advise the Board on all business matters of the Association; however, as an

employee of the Association, they are not entitled to a vote in any matters considered

for decision by the Board.

ARTICLE VI. MEMBERSIDP

Section One. Honorary Members. The Board of Directors may, from time to time,

designate persons as honorary members of the Association. Such persons will have full

voting rights in the Association and the requirement to pay dues to the Association will

be waived.

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Section Two. Full Membership.

a. Persons may apply or be nominated for membership in the Association.

b. A person who is nominated must also complete an application form and meet

all of the requirements contained in points c and d below.

c. Applicants must be able to demonstrate a relevant professional qualification

in any discipline of:

•

Medicine

Law

Marriage and Family Therapy

Psychology

Psychotherapy

Speech/ Voice Therapy

Sexology

Social Work

Sociology

Education

or other relevant discipline in the field of transsexual, transgender, or gendernonconforming people's health, well-being and care,

or, experience and background in these disciplines or any other related

profession or discipline which contributes to the well-being of transsexual,

transgender, and/or gender-nonconfonning people,

d. Applicants must also include a payment of their annual membership fee as

prescribed by the Board of Directors with their application. On approval of their

membership such payment will be transferred into the hands of the Association.

e. Approval for membership may be given by the Executive Director or any

designated member of the Board as proposed by the Executive Committee.

f. Persons approved will be regarded as full members with full voting rights.

g. If a person wishes to appeal a membership decision, they should contact the office

of the Executive Director.

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Section Three. Emeritus Membership. Persons who are retired may become Emeritus

members and be eligible for a reduced membership fee upon providing evidence of

retirement. Emeritus members must have been full members of the Association before

retirement for at least five consecutive years immediately before applying for Emeritus

membership. Emeritus members have full voting rights.

Section Four. Student Members. Persons applying for membership in this Association,

and proving status as a registered student in a tenninal degree program pertaining to

transgender health, upon nomination by a full member of the Association, and upon

payment of student dues as set by the Board of Directors, will be regarded as student

members of the Association. Student members do not have voting rights unless they

have attained approved status as a Full member and therefore qualify to vote.

Section Five. Supporting Members. Other persons applying for membership in the

Association who do not have any relevant professional connection with the field, yet

pay dues as prescribed by the Board of Directors, will be regarded as supporting

members of the Association without voting rights. Group memberships, if approved,

will also be classified as supporting members.

Section Six. Regional Affiliate members. Regional Affiliate members automatically

become members ofWPATH, and WPATH members automatically become members of

any Regional Affiliate that is duly constituted in their home region. Regional Affiliate

membership criteria is the same as that for WPATH membership, as described in this

Article (Article VI. MEMBERSHIP). Regional Affiliate members shall pay membership

dues to WPATH in an amount established by the Board of Directors. In some cases,

depending on the Regional Affiliate operating agreement with WP ATH, certain funds

may be remitted to the Regional Affiliate to assist in supporting the Affiliate's work on

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behalf of its members. Such funds may not accrue to Affiliate leadership as income or

unauthorized expense reimbursement, but should be maintained in a bank account for the

pwpose of supporting the business interests of the Affiliate, as determined by its

members. Full records of expenses and membership income must be available to the

WPATH Office upon request, within three (3) weeks of such request.

Section Seven. Membership Committee. The Board of Directors may appoint a

membership committee that may have the duty to recommend to the Board of Directors

criteria for membership, membership categories, dues, and the mechanism whereby

members may be suspended or expelled.

ARTICLE VII. EXECUTION OF INSTRUMENTS

Section One. Payments. Orders for payment of money shall be signed in the name of the

Association and an authorization for payment must be signed by the President, Treasurer,

or Executive Director. All payments in excess of $3,000 (U.S.) or the equivalent must be

signed or approved in writing by two of the above.

Section Two. Contracts. conveyances. and other instruments. Toe Board of Directors

shall have power to designate the Officers and agents who shall have authority to

execute any instrument on behalf of this Association. When the execution of any

contract, conveyance or other instrument has been authorized by the Board of Directors

without specification of the executing officer, the President, Treasurer or Executive

Director may execute the same in the name and behalf of the Association, and may affix

the corporate seal thereto.

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ARTICLE VIII. DUES

Section One. Annual dues. The annual dues for honorary members will be waived; the

annual dues for all membership categories will be determined by the Board of Directors.

Dues must be paid by the renewal date specified or the member wiH be dropped from

membership.

ARTICLE IX. MISCELLANEOUS

Section One. Books and records. The Association shall keep correct and complete books

and records of account and shall also keep minutes of the proceedings of its Board of

Directors and committees having any of the authority of the Board of Directors.

Regional Affiliate Co-chairs shall maintain records of Affiliate business meetings, and

any Director elected by a Regional Affiliate shall document all joint business of the

Affiliate and of the Association in which they participate in memoranda that shall

become the property of the Affiliate Office, with copies delivered promptly to the

WPATH Office.

Section Two. Fiscal year. The fiscal year of the Association shall be determined based

on good accounting and bookkeeping practices.

Section Three. Coi:porate seal. The Board of Directors shall provide a coiporate seal

with the name of the Association thereon.

Section Four. Waiver of Notice. Whenever any notice is required to be given under the

provision of the Texas Non-Profit Coiporation Act, or under the provisions of The

Articles of Incorporation or the Bylaws of the Association, a waiver thereof, in writing,

signed by the person or persons entitled to such notice whether before or after the time

stated therein, shall be deemed equivalent to the giving of such notice.

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ARTICLE X. ENACTMENT OF THESE BYLAWS

These Bylaws shall take effect upon approval of the majority vote of eligible voting

members.

ARTICLE XI. AMENDMENTS

Section One. Amendment to Bylaws. The current Bylaws shall be posted on the

Association's web site for members. These Bylaws may be altered, amended or appealed

by vote of the voting membership at such time, place, and by such methods as directed by

the Board of Directors. Any proposed alterations, amendments, or suggested repeals of

the Bylaws must be approved by majority vote of the membership's eligible votes cast.

upon recommendation by the Board of Directors. Members may submit suggested

amendments to the Board of Directors for consideration.

ARTICLE XII. VOTING

Section One. Vote required. All votes taken by the Board of Directors and by the voting

membership shall require a majority of votes cast unless otherwise specified by these

Bylaws. In the case of votes taken by the Board of Directors, a quorum of directors must

be present before the vote is taken, except as specified as above. However, in the case of

a vote by the Board of Directors to remove an officer, a two-thirds vote of the directors

is required. All votes taken by the membership shall be conducted by electronic ballot

using either email or the Association web site or another web site approved by the

Executive Director and Executive Committee. A majority of ballots cast detennines the

outcome.

ARTICLE XIII. COMMITTEES

Section One. Appointment. Committees may be established by the Board of Directors.

Committees should include at least three (3) persons, including, if possible, one (1)

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member of the Board of Directors. Other committee members, including the Chair, must

be members of the voting membership of the Association. Committees may invite, as

non-voting committee members, consultants who may or may not be members of the

voting membership of the Association. The President and Secretary shall serve as exofficio members of all committees. The recommendation to the Board of Directors to

appoint a committee, and its members, may be made by any voting member of the

Association and may be submitted to any Director to be brought to the attention of the

full Board of Directors.

Section Two. Powers. Committees established by the Board of Directors may not act for,

on behalf of, or instead of, the Board of Directors, or voting membership of the

Association. Committees should make every effort to keep the membership informed

concerning their activities. Committees' recommendations will be presented to the

Secretary, who will present them to the Board of Directors. The Board of Directors,

where empowered to do so by these Bylaws, may act on the Committee

recommendations. The Committee membership, recommendations, and the acts of the

Board of Directors must be reported to the voting membership of the Association at the

time of, or before, the next scheduled general membership voting occasion. Committee

recommendations approved by the Board of Directors, and requiring a vote by the voting

membership of the Association, shall be sent to the voting membership of the Association

at the time of the next scheduled voting. A special voting occasion may be called for

earlier by the Board of Directors.

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ARTICLE XIV. MEMBERSHIP LISTS

The Executive Director will maintain a complete mailing list of the membership of the

Association, which is also capable of being sorted to separately identify members of each

Regional Affiliate Organization. Except where a member has specifically asked for

exclusion of their name and/or address, the contact list will be available to any member of

the Association.

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Exhibit 5

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Schuyler Standley

From:

Sent

To:

Cc:

Subject:

Cohen, Jonathan <jcohen2@ftc.gov>

Monday. February 2, 2026 5:26 PM

Schuyler Standley; Abbe David Lowell; David Dale; Bella Oishi

Chiang. Annie; Clausen, Hans

FTC CID to WPATH - Friday's Meet & Confer

Counsel,

Thank you for meeting with us last Friday, January 30, about the Commission's Civil Investigative

Demand (CID) to your client World Professional Association for Transgender Health (WPATH).

During that meet and confer, we each raised several matters, and we offered you an extended

production schedule. Those issues are outlined in more detail below. Additionally, we are

available tomorrow at noon for a further meet-and-confer and will circulate an invitation.

Document Retention and Production

During our meeting, you confirmed that you have either asked WPATH to impose a litigation hold,

or that it has, at your direction, already imposed a litigation hold, which we appreciate. We also

requested information concerning, but you were not yet prepared to discuss, the following: (1}

where or how your client's documents relevant to the requests in the Commission's CID are

stored, (2) details on the number or identity of any custodians with relevant documents

responsive to the CID in their possession, (3) your process for reviewing those documents, to

determine responsiveness as well as your privilege review and how or when you would assert

protected status claims, and (4) whether you plan to use Technology-Assisted Review {TAR) or

Artificial Intelligence (Al) as part of your compliance with our CID requests. We explained that if

you plan to use any Al•assisted program or tool in connection with your response, you must

disclose this to us. You may not use TAR or Al without our consent, although we would work

with you in good faith to attempt to reach an agreement should you propose to use TAR or Al.

With respect to privilege logs, we explained that WPATH must comply with Commission rules,

and it must produce logs contemporaneously with the associated production. You asked to

discuss the process for privilege review at a later time, and we are always willing to discuss this,

or anything else, with you.

II.

Issues You Raised

At last week's meet-and-confer, you sought to clarify two points: (1) whether the FTC has

authority to issue the CID; and (2) that your client's documents or responses may implicate

confidences or privileges given their relation to medicine or the medical field. First, although we

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do not necessarily agree that WPATH is not engaged in "commerce;' as you appeared to

understand that term, we explained that the Commission's authority to issue CIDs is broader

than its authority to institute litigation; WPATH need only possess information "relevant to"

unfair or deceptive acts in or that affect commercial activity. See 15 U.S.C. 57b1(c)(1 ). Second, we appreciate your client's concerns regarding privacy. Privacy concerns are

important to us as well. Notably, as we explained, the FTC has very strict statutory and

regulatory requirements regarding use and disclosure of data that you produce. These

protections are more than ample and, in any event, we have no ability to agree to something

different than what the law expressly provides. Beyond those points, you did not raise other

issues.

Ill.

Proposal for Production Schedule

We proposed a production schedule, which is reflected below. AssumingWPATH agrees to

accept service, forgo any petition to quash, and continue engaging with us in good faith (all

standard requirements), we will extend the Cl D's return date as follows:

a. By February 16, you will respond fully to Document Request Nos. 1Oand 12;

b. By March 16, you will respond fully to five Document Requests of your choosing and five

Interrogatories of your choosing (except that you may not select Interrogatory 15 or

Request 13 (those logically come last));

c. By April 16, you will respond fully to all remaining Document Requests and

Interrogatories.

For all production deadlines, you will produce the related privilege log simultaneously with your

production. Our proposed production schedule affords you ninety days to complete your

response, which is eminently reasonable, and triple what the CID currently permits. Moreover, it

provides WPATH extensive discretion over the order in which it produces material.

As a formal matter, and in conformance with the applicable rules, we note that Deputy Director

Kate White has endorsed the CID modifications this correspondence contains. We look forward

to talking again tomorrow.

Thanks,

Jonathan Cohen

Chief Litigation Counsel

Bureau of Consumer Protection I Federal Trade Commission

600 Pennsylvania Avenue, N.W., HQ-462 Washington, D.C. 20580

(202) 326-2551 I jcohen2@ftc.gov

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Exhibit 6

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United States of America

FEDERAL TRADE COMMISSION

600 PENNSYLVANIA AVE. NW, CC-9528

WASHINGTON, 0C 20580

Bureau of Consumer Protoction

Chief Lltigutton Cowiscl

Jonathan Cohen

(202) 326-2551; jcoben2@ftc.gov

February 5, 2026

VlAEMAIL

Abbe David Lowell, Esq. (adlowell@lowellandassoe.1ates.com)

Isabella Oishi, Esq. (ioishi@lowellandassocaites.com)

Schuyler Standley, Esq. (sstandley@lowellandassociatcs.com)

Lowell & Associates, PLLC

1250 H Street NW, Second Floor

Washington, DC 20005

(202) 964-6110

Re:

Civil Investigative Demand to WPATH

CounseL

Thank you for meeting with us again earlier this week (February 3) regarding the Commission's

CID. We discussed several matters, some of which we outline below. We also respond to certain

requests for modifications or clarifications that you made for the first time on February 3, and we will

continue to consider any such requests you make.

Scope of the CID-Definition of"WPATH,, and Related Issues

To begin, you raised concerns about the First Amendment including, in particular, your

hypothesis that the CID will have a "chilling effect'' on WPATH's speech or associational rights. To

the extent this sort of First Amendment analysis applies at all, we agreed with you that it would be

your burden to prove any alleged "chill"--a burden you expressed confidence (if not certainty) that

you could meet. To the extent you have evidence you would like us to consider, or even argument

more specific than simply a general, unsupported "chill" claim, we would welcome the opportunity to

evaluate it and advise our client accordingly.

To the extent your argument turns on the CID's definition of WPATH, we encourage you to

reconsider. The definition includes standard language encompassing "subsidiaries, unincorporated

divisions, joint ventures, operations under assumed names, and affiliates, and all directors, officers,

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CIDtoWPATH

Page2

members, employees, agents, consultants, and other persons wo.rking for or on behalf of the

foregoing." Io this context, "members" refers to LLC members; please do not ovenead the word to

support a First Amendment argument where none exists. In any event, and as we explained yesterday,

you should construe "members" in the definition to include only "LLC members," to the extent any

exist. This CID docs not seek a response on behalf of thousands of individual WPATH members,

nor is that our intent.

Finally, we asked you whether, in your view, any particul.a.t requests or interrogatories were

somehow unconstitutionally intrusive. You did not identify specific examples during our mee~ but

you offered to provide them to us, a.nd we agreed to consider whatever perspective or parttculat

arguments you share. If there is a way that we can address your concerns, meritorious or otherwise,

and still obwn the information our investigation requires, we would agree to further limitations.

Whatever the outcome, we welcome the dialogue, and we appreciate your commitment to identify any

potentially problematic specifications so that we can at least attempt to resolve your concerns.

II.

Scope of the CID-Other Definitions

You also asked us to clarify what "substantiation" means> and we explained that

"substantiation" is a term-of-art in consumer protection jurisprudence. To the extent useful, we can

direct you to potentiilly applicable caselaw establishing basic substantiation principles in consumer

protection matters.

You also argued that "safe" is vague as applied to the procedures at issue. We disagree. As

we explained, "safe" means what consumers (10 this case, parents or minors) would understand it to

mean in the context at hand. The fact that a CID does not define ev~ word therein does not render

the undefined words necessarily ambiguous. However, if you would like to propose a specific, more

detailed definition of "safe," we would consider it as long as the proposal maintains fidelity to the

word's common meaning to consumers in this context.

Finally, you asked whether we viewed social transition as a "medical intervention." Although

the CID nowhere references "social transition," we confirm that a treatment exclusively involving

social transition is not a "medical intervention" within the CID's scope.

Ill.

Scope of the CID-Other Issues

At your request. we clarified that WPATH docs not need to produce information publicly

available on its website.

Also at your request, we reiterated that the focus of this investigation .is treatment provided to

minors (indeed, various requests refer specifically or "PGDT," or "Pediatric Gender Dysphoria

Treatment''). Other infonnation not expressly limited to minors is or reasonably could be probative,

however, with respect to communications made to minors and/ or their parents, or other associated

issues. If this is an area that warrants further discussion. please advise.

Separately, you indicated that WPATH sometimes receives what you termed "hate mail," and

you asked us about that in light of our request seeking, among other things, "complaints." Requests

for complaints are swidard in FTC investigations and consumers sometimes react with anger when

services do not ptoduce the claimed results. We reiterate that we need all responsive complaints.

Other than those issues identified above, you confirmed that there were no other matters you

wanted to raise during our call.

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CID to WPATII

Pagc3

III.

Document Retention and Production

As with our prior mect-and-confe.t, we again .raised the following issues: (i) how documents

responsive to the requests in the Commission's CID are stored or maintained and what records

management systems contain such material; (11) the custodians that would have responsive documents

in their possession, custody, or control; (w) your process for reviewing those docwneots to determine

responsiveness as well as your privilege review and how or when you would assert protected status

cl.aims; and (iv) whether you plan to use certain tools, like AI or Technology Assisted Review (fAR),

to .review and identify responsive documents. However, you indicated that you were not prepared yet

to discuss these issues. Rather, you characterized them all as "fo.r a later time."

IV.

Production Schedule

You further indicated that WPATH was not prepared to discuss the production schedule we

proposed on January 30 during our initial meet-and-confer and that we subsequently provided to you

in writing.

As a formal matter, and in conformance with the applicable rules, we note that Deputy

Director Kate White has endorsed the CID modifications this correspondence contains. We look

forward to hearing from you.

CC:

Via Email

Kate White, Deputy Ditecto.r

Annie Chaing

Jennie Hitchcock

Hans Clausen

Bureau of Consumer Protection

Fede.tal Trade Commission

David]. Dale (ddale@staubanderson.com)

Staub Anderson LLC

• f Litigation Counsel

Bureau of Consumer Protection

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.