Texas Attorney General Ken Paxton’s rampant TDS — that’s Transgender Derangement Syndrome — strikes again, as the senatorial candidate once again uses the power of the OAG to campaign against incumbent Republican Sen. John Cornyn by filing yet another frivolous lawsuit, this time against online retailer Lola Olivia Inc. for “for selling chest binders to Texas girls as young as nine years old to ‘transition’ them,” according to a press release from Paxton.
Paxton’s press release describes Lola Olivia as “a venture-capital backed online retailer based out of New York City.”
Paxton claims the company “sells the chest binders to young girls without informing them that they could be subjected to no less than 28 different medical conditions, including permanently harming their breasts, causing back and chest pain, shortness of breath and even rib fracture.”
His press release contends that chest binders have also been shown to compromise lung function and “cause difficulty breastfeeding later in life,” and claims that Lola Olivia’s “malicious actions expose Texas kids to irreparable bodily harm, yet that has not stopped the company from turning a profit by harming girls and causing long-lasting damage.”
Paxton fails to note that serious side effects from wearing chest binders, such as broken ribs and breathing problems, while possible, are very rare. He also fails to note that medical experts say binders are safe to use as long as they fit well.
“‘Transitioning’ a minor is child abuse, and any corporation doing it will face swift and unrelenting justice,” Paxton threatened, failing to acknowledge that he has no authority to try and enforce Texas’ politically motivated and inherently dangerous anti-trans laws outside the borders of this state. “It’s unconscionable that there are people in this world who are trying to make a fortune by hurting kids, but that’s exactly what’s going on here,” he claimed. “I will be bringing the full force of the law against Lola Oliva for misleading Texans about the extreme harm that its products cause our kids.”
Once again demonstrating his flair for the overly dramatic in his efforts to target transgender people, Paxton notes that “Chest binders are classified as Class I medical devices regulated by federal law.” He also claims binders “pose a significant threat to girls’ health, yet Lola Olivia illegally markets its chest binders as ‘safe and effective’ for young children.”
However, in his zeal to demonize transgender people and everyone who supports them, Paxton fails to acknowledge that the FDA defines Class 1 medical devices as “low-risk, non-invasive products with minimal potential for harm.”
According to the FDA, Class 1 medical devices are “are generally exempt from premarket notification and approval,” citing as examples elastic bandages, exam gloves, manual stethoscopes and bedpans.
On other words, the FDA considers chest binders to be about as dangerous as stethoscopes and bedpans — hardly the horror that Paxton tries to claim.
In his latest frivolous lawsuit, Paxton accuses Lola Olivia of having “violated Texas’ consumer protection laws banning false, misleading or deceptive advertising by, among other illegal actions, refusing to disclose safety risks to children.” The lawsuit asks for “a temporary restraining order, injunctive relief and over $1,000,000 in monetary relief, including civil penalties.