A federal judge has sharply criticized the Department of Health and Human Services (HHS), led by Robert F. Kennedy Jr., after finding that studies cited in a key teen pregnancy prevention funding notice appeared either not to exist or did not support the claims for which they were cited, describing the issue as a hallmark of AI-generated citations. In a preliminary injunction ruling issued August 19, District Judge Christopher R.
Cooper blocked parts of the Trump administration's overhaul of the federal Teen Pregnancy Prevention Program. The lawsuit challenges changes made by HHS that shifted grant priorities toward abstinence-focused education and a concept called "body literacy." The plaintiffs argued the agency was moving away from longstanding evidence-based approaches to preventing teen pregnancy. Cooper wrote: “On the topic of body literacy, the notices (remarkably) reference public health studies that appear either not to exist or not to support the propositions for which they are cited—a hallmark of AI-generated citations.” He went on to point to expert testimony submitted in the case that found five of seven articles cited in the notices could not be located as described, with two appearing to be entirely fabricated and three seemingly misattributed to the wrong journals.
"And according to the early-stage factual record, there seem to be no pregnancy prevention curricula and programs that 'center [on] body literacy' and other newly-imposed TPP requirements," he said. Cooper ultimately ordered a temporary halt to implementation of the new funding notices while the case proceeds. HHS told Newsweek that it does not comment on ongoing litigation.
The Teen Pregnancy Prevention Program, known as TPP, was created by Congress in 2010 to fund medically accurate and age-appropriate programs designed to reduce teen pregnancy. The program supports evidence-based initiatives, including initiatives that have been shown through research to reduce teen pregnancy like both abstinence education and education about contraception. The Trump administration's overhaul would significantly change how future grants are awarded.
Under new funding notices issued by the Department of Health and Human Services, applicants would be required to incorporate "sexual risk avoidance" education, which the parties in the case agreed means an abstinence-focused approach, as well as a concept known as "body literacy." The new guidance additionally calls for instruction on topics including fertility awareness, reproductive health, and the potential risks associated with contraception, while encouraging programs to promote marriage, parenthood and long-term family formation goals. The administration also terminated dozens of existing grants, arguing that previous projects no longer aligned with agency priorities. The case centers on the federal TPP Program, with plaintiffs, including local governments and reproductive health organizations, challenging the HHS after the agency issued new funding notices and terminated dozens of existing grants.
The administration argued that future grants should focus on abstinence, "sexual risk avoidance," and body literacy approaches. Cooper found that the plaintiffs were likely to succeed in showing the policy was arbitrary and capricious. He wrote: “While abstinence-only education may well be appropriate for some age groups or communities, the agency has offered no explanation or evidence to support its across-the-board mandate that only abstinence strategies be pursued.” This is not the first time the HHS has used AI to generate references or content.
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