Physician Organizations File First Amendment Lawsuits Against FTC Over Gender Affirming Care Statements

On February 17, the American Academy of Pediatrics (AAP) and The Endocrine Society each filed separate lawsuits (available here and here) in the U.S. District Court for the District of Columbia against the Federal Trade Commission (FTC). Both suits assert First Amendment claims, alleging retaliation and viewpoint discrimination stemming from the FTC’s issuance of Civil Investigative Demands targeting the organizations’ noncommercial scientific and policy speech regarding gender-affirming care. The AAP’s complaint further alleges the FTC “is acting in furtherance of the stated goal to ‘end’ access to and support of evidence-based treatments for gender dysphoria that the Administration and the FTC disagree with.”