# FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 1 of 76 • PUBLIC • > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/agency%3Aftc%3Aa4d0ff26a1d650bd ## Record - **Collection:** Agency decision - **Document type:** Agency decision ## Text FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 1 of 76 • PUBLIC • PUBLIC L&A 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 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 2 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 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 1 5, 7. See also, WPATH Mission and Vision. available at https://www.wpath.org/about/mission-andvision. FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 3 of 76 • PUBLIC• PUBLIC 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 2 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. 2 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 61 4846 -PAG E Page 4 of76 • PUBLIC • PUBLIC 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 3 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 61 4846 -PAGE Page 5 of 76 • PUBLIC • PUBLIC 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 4 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 61 4846 -PAGE Page 6 of 76 •PUBLIC• PUBLIC 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. I. 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. 5 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 7 of 76 • PUBLIC• PUBLIC 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 6 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846-PAGE Page 8 of76 •PUBLIC • PUBLIC 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. 7 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 61 4846 -PAGE Page g of 76 •PUBLIC• PUBLIC 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. 8 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 10 of 76 •PUBLIC • PUBLIC 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. 4 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. 9 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 11 of 76 • PUBLIC • PUBLIC 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 IO FEDERAL TRADE COMMISSION l OFFICE OF THE SECRETARY l FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 12 of 76 •PUBLIC• PUBLIC 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, 11 FEDERAL TRADE COMMISSION l OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 13 of 76 •PUBLIC• PUBLIC 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 12 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 14 of 76 •PUBLIC• PUBLIC 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 13 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 15 of 76 •PUBLIC • PUBLIC 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 14 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 16 of 76 •PUBLIC• PUBLIC 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 15 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 17 of 76 •PUBLIC• PUBLIC 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 16 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 18 of 76 •PUBLIC• PUBLIC 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 17 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 19 of 76 •PUBLIC• PUBLIC 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 18 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 20 of 76 • PUBLIC • PUBLIC Exhibit 1 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 21 of 76 • PUBLIC• 0 V , 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 attagatOI')' 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 reSt!ntiated representations or engageo in unfa r pradices in connection with the mariceling and advert,sing of Padlatric Gender Oy,ptioria Treatment (as )':)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 Value in data , Symbol ASCII Character 20 l> ® 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 1. Prior to production, scan all data and media for viruses and confinn they are virus-free. 2. For productions smaller than 50 GB, submit data electronically using the FTC's secure file transfer protocol. Contact FTC counsel for instructions. The FTC cannot accept files via Dropbox, Google Drive, OneDrive, or other third-party file transfer sites. 3. If you submit data using physical media: a. Use only CDs, DVDs, flash drives, or hard drives. 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. 4. 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 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. 8. 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. 2 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 47 of 76 • PUBLIC• PUBLIC 9. 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. 3 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 48 of 76 • PUBLIC • PUBLIC 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 4 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 49 of 76 • PUBLIC• PUBLIC 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. 5 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 50 of 76 • PUBLIC • PUBLIC 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. 6 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 51 of 76 • PUBLIC • PUBLIC 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. 7 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 52 of 76 • PUBLIC• PUBLIC ~ Leo Lewis EXECUTIVE DIRECTOR, WPATH 8 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 53 of 76 • PUBLIC • PUBLIC Exhibit 4 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 54 of 76 • PUBLIC• PUBLIC I 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. FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 55 of 76 • PUBLIC • PUBLIC 2 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 S:\CI.INICIWPATl! CIJltlt£NT\Bylawc,. o,,..,_... .t LcpMs,ociation Lcpl ~\Byl&..,IO,n,:nt APPllOVEI> by MClllben 1-2l•20" FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 56 of 76 • PUBLIC • PUBLIC 3 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 S:\CUNICIWPATH CIJ'UENT\By!awt,_Orpniwion A t.cpM&socialion !.o Lepl Doc:wncnbll.Bylawt\Cunmi "1PllOVED by Mtlllbcn 1,22•2016 0 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 61 of 76 • PUBLIC • PUBLIC 8 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 S\Cl~Wl'ATH CVRll1''1'\Byfr,,,s,_~ • tes.tlAnocmiotl Lopl 0ocu ......1B)ia"""°"""" APPROVED by Mfflleerl 1.22.2:01& FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 62 of 76 • PUBLIC • PUBLIC 9 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. S , ICUNIC\Wl'ATH C'U'RRENT\11,-t,...,_~ L,pl\Assoct, 1,22-2016 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 63 of 76 • PUBLIC • PUBLIC 10 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. S:ICUNIC\WPATH CURRl!NnB)llowt, Otpl>i:alio~ A LteallAlsocialion Ufa! Doautaa\Byl&wt\Cuncnt APl'ROV'EJ> l,y Membm 1,ll,201~ FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 64 of 76 • PUBLIC• PUBLIC 11 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 S:ICLINICIWl'ATH ct/lUteNT\8)'1aw1,_0lOVED 'Y M . . . . . . 1-22 - 1016 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 66 of 76 • PUBLIC • PUBLIC 13 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. S:ICLOOC\WPATH ctlltJt£lm8yl&wa...Obcn l •ll-2016 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 67 of 76 * PUBLIC * PUBLIC l4 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) S:IC1.INIC\WPATH CUltU!mBylalVI. O!p,Wlrioo A Lcsal\Atooclado,, Lop.I ~ \ B y i a ~ Al'PROVEO by M 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. I. 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 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 72 of 76 • PUBLIC • PUBLIC 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 2 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 73 of 76 • PUBLIC • ., PUBLIC Exhibit 6 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 74 of 76 *PUBLIC* PUBLIC 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. I; 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, FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 614846 -PAGE Page 75 of 76 • PUBLIC • PUBLIC 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. 2 FEDERAL TRADE COMMISSION I OFFICE OF THE SECRETARY I FILED 02/09/2026 OSCAR NO. 61 4846 -PAGE Page 76 of 76 • PUBLIC• PUBLIC 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 3 • f Litigation Counsel Bureau of Consumer Protection --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/agency%3Aftc%3Aa4d0ff26a1d650bd. Public record. Not legal advice.