The Parties
The FTC – joined by Texas, Nebraska, Alaska and Iowa acting as co-complainants – is the US regulatory body responsible for regulating trade and commerce inside the US. Because of the size of the US economy, the FTC is one of the world’s most influential and powerful regulators. It employs 1,100 regulatory staff and has an annual budget of about $400m (€349m).
WPATH is a US-based, international nonprofit professional and educational association focused on transgender health. Critically – in what will be a key legal battleground – WPATH says it is a 501(c)(3) body under US law, which categorizes it as an advocacy or charity group rather than a business. It claims to be funded mainly by membership support plus non-commercial donations and grants. Its mission is “to promote evidence-based care, education, research, public policy, and respect in transgender health”.
The FTC's Case
In plain language, the FTC is accusing WPATH of what might be summarized as false advertising practices. At a high level, the FTC says WPATH did not merely publish medical guidelines, but gave clinicians the tools to make deceptive health claims to parents and minors in order to sell pediatric gender-transition-related medical services. The legal theory set out in the complaint is that WPATH “provided the means and instrumentalities” for deception by publishing, promoting and training clinicians on its Standards of Care, especially the eighth version, known as SOC-8.
The complaint focuses on several alleged misrepresentations or omissions. It says WPATH falsely or misleadingly claimed, or caused providers to claim, that pediatric medical transition is medically necessary and effective to prevent suicide; that puberty blockers are fully reversible; that cross-sex hormones improve mental health; that certain chest surgeries for minors are safe and effective and improve quality of life; and that its advice to medical practitioners reflects unbiased, evidence-based expert consensus. It also alleges WPATH failed to adequately disclose side effects of puberty blockers, hormones and surgeries.
The suit seeks a permanent injunction barring future violations of the FTC Act and the relevant state consumer-protection laws.
WPATH’s Response and the Jurisdiction Issue
For its part, WPATH insists that the FTC and the states lack jurisdiction over the matter because, in essence, WPATH is not a trading body: it does not sell anything. The organization’s position is that it simply publishes advice and guidelines for medical care, and is not engaged in any kind of “trading” that would grant the FTC any right to regulate it.
This will be the major initial fight in the case – whether the FTC even has grounds to bring it. Should the FTC prevail there – and legal experts are unsure that it will – then, and only then, would questions over WPATH’s conduct in terms of the guidelines it puts out be adjudicated.
The Central Issue – WPATH’s Standards of Care
Those guidelines – usually referred to by WPATH as its Standards of Care for medical practitioners dealing with transgender individuals – are highly controversial. WPATH has been at the forefront of promoting and advising interventions at a young age in cases of suspected transgender identification, including hormone and surgical treatments that can lead to irreversible infertility or medical issues. Its recommendations have been widely condemned by critics, including in the UK’s Cass Report, which recommended a wholesale revision of transgender medicine toward a vastly more cautious approach.
Critics of WPATH note that, despite officially being a nonprofit, it is essentially a representative group of American medical providers, many of whom operate on an explicitly for-profit basis individually. They say that its guidelines permit and encourage the selling of risky treatments and promote the coverage of those treatments by commercial insurers.
The FTC’s complaint asks the court to enter a permanent injunction preventing future violations of the FTC Act and the four state consumer-protection laws.
In practice, that could mean WPATH is barred from repeating certain claims unless it has the level of evidence the court requires. The complaint identifies ten core alleged misrepresentations or omissions, including claims that pediatric medical transition is medically necessary or effective to prevent suicide, that puberty blockers are fully reversible, that cross-sex hormones improve mental health, that certain surgeries for minors are safe and effective, and that the Standards of Care reflect unbiased, evidence-based expert consensus. It also alleges that WPATH failed to adequately disclose certain side effects.
The Broad Implications of the Case and the Sting in the Tail
The case has two major areas of impact.
First, should the FTC prevail and broadly achieve its aims, it would mark an enormous reversal in US transgender medicine, with WPATH’s Standards of Care essentially being suppressed. That would be an enormous victory for gender-critical activists and the Trump administration.
Second, an FTC victory would dramatically expand the scope of that agency’s powers in ways that are not hard to foresee, with a major sting in the tail potentially for conservatives who might be cheering this intervention. Should the Trade Commission gain the power to regulate bodies like WPATH on the grounds that their recommendations might influence the purchasing habits of Americans, then such powers would naturally extend to all sorts of lobbying and representative bodies.
Might, for example, an FTC in a Democratic administration take it upon itself to regulate pro-life charities on the grounds that certain of their statements might influence trade or dissuade people from “purchasing” a safe service? Might it get involved in the media business by asserting a right to correct factual claims?
Whatever way it goes, FTC versus WPATH is going to be a major legal fight, with important implications for both the future of transgender medicine and the US government’s power to regulate speech. It should be watched with interest.
