Texas Attorney General and U.S. Senate candidate Ken Paxton (R) is suing a New York-based company for marketing chest binders to minors.

Paxton has accused trans and nonbinary-inclusive youth undergarment brand Lola Olivia of violating his state’s consumer protection laws banning false, misleading, or deceptive advertising. The company, he claimed in a February 20 press release, sells chest binders “to Texas girls as young as nine-years-old to ‘transition’ them” without “informing them that they could be subjected to no less than twenty-eight different medical conditions.”

Related

FDA threatens companies selling binders: They want to “control every ounce of trans people’s lives”

According to the World Professional Association for Transgender Health’s (WPATH) 2022 Standards of Care for the Health of Transgender and Gender Diverse People, trans masculine young people who bind their chests — described as a reversible, nonmedical practice that involves “compression of the breast tissue to create a flatter appearance” — report benefits including “increased comfort, improved safety, and lower rates of misgendering.” Risks such as back/chest pain, shortness of breath, and overheating are common. However, more serious risks, such as those Paxton cites in his lawsuit, like skin infections, respiratory infections, and rib fractures, are rare and more common among adults.

WPATH does recommend that healthcare professionals provide trans and gender diverse adolescents with “accurate and reliable information about the potential benefits and risks of chest binding,” and recommend the use of binders specifically designed for gender diverse people.

Never Miss a Beat

Subscribe to our newsletter to stay ahead of the latest LGBTQ+ political news and insights.
Subscribe to our Newsletter today

Paxton’s complaint includes multiple misrepresentations of medical research. Them notes it cites WPATH’s acknowledgement of certain risks associated with chest binding, but fails to note the infrequency of those risks among young people or the benefits when done properly.

The lawsuit also cites research published in the International Journal of Sexual Health last year, which found a “significant number of negative health implications” reported among trans and nonbinary people who bind. However, researchers also noted that “some studies also found positive effects on dysphoria, life satisfaction, and mental health,” and noted that several studies indicated a lack of knowledge about binding among healthcare providers. Researchers recommended further research “on long-term effects, safer methods, and promoting education” on chest binding.

The complaint also cites the U.S. Food and Drug Administration’s recent interpretation of chest binders as Class I medical devices under section 201(h) of the Federal Food, Drug, and Cosmetic Act because they are “intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, or to affect the structure or any function of the body.” Under this interpretation, Paxton alleges Lola Olivia is in violation of the Federal Food, Drug, and Cosmetic Act by not registering its products with the FDA. But the Dallas Voice notes that the FDA has said class 1 medical devices, which include items like manual stethoscopes and bedpans, “are generally exempt from premarket notification and approval.”

In his press release, Paxton falsely described “transitioning” minors as “child abuse” and accused Lola Olivia of making “a fortune by hurting kids.”

The lawsuit seeks a temporary restraining order, injunctive relief, and over $1,000,000 in monetary relief, including civil penalties.

Subscribe to the LGBTQ Nation newsletter and be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.