- A sex toy company that makes products primarily for women had an ad campaign rejected by New York’s Metropolitan Transportation Authority.
- The company claims that the MTA has a double standard when it comes to ads it will approve and is filing a lawsuit against them.
- The company is accusing the MTA of gender bias, arguing that more explicit ads promoting sexual health to men have been allowed to run in the past.
- The MTA says it plans to defend itself in the lawsuit.
MTA Rejects Marketing Campaign
A sex toy company by the name of Dame Products announced Tuesday that it is suing New York’s Metropolitan Transportation Authority, accusing the organization of gender bias after their ad campaign was denied.
Dame is a Brooklyn-based start-up that makes vibrators and sex toys primarily for women. The company says that its contact with the MTA began back in July, when it reached out to propose a product marketing campaign that would run on subways, buses, and other MTA locations. The company claims it was given the green light to start developing ads.
Dame started working with the MTA’s ad agency, Outfront Media, to create them. However, Dame says that once their team submitted those advertisements, they were rejected.
The MTA cited their newly updated policy on advertising and said these ads promoted a “sexually oriented business,” which their policy does not allow. The MTA then posted an FAQ on their advertising policy that included this rule.
“The MTA Advertising Policy prohibits any advertisement that promotes a ‘sexually oriented business,’ and advertisements for sex toys or devices for any gender fall within this category,” their statement reads.
Dame, however, thinks that the MTA’s choice reflects a double standard with what the MTA does and does not consider to be too sexually explicit.
In their lawsuit, Dame is seeking damages and rights to run their ads with the MTA. Alexandra Fine, a co-founder and CEO of Dame, told Vice that she thinks their decision violates Dame’s first amendment right to free speech.
“We’re arguing that the MTA’s arbitrary censorship is unconstitutional because they have not clearly defined the term ‘sexually-oriented business,” Fine said. “It’s fully at their discretion who gets to use their platform, and that sort of censorship violates our first amendment rights.”
Comparisons to Other Ads
The ad in the campaign all depict images of the vibrators. Some include customer reviews on them, along with the slogan: “Toys, for sex.”
One just shows the slogan, while another includes the phrase “you come first.”
The only one with any human body parts shows a man and a woman’s hands touching, holding one of the products, along with a statistic about satisfaction rates that does not include any explicit language.
Dame claims that these ads are not nearly as suggestive as other ads that run on subways. Specifically, ads that are targeted to men. On their website, they point out companies that make medication for erectile dysfunction often use phallic imagery in their ads, but still are allowed to run on the subway.
In other cases, the companies also use suggestive phrases, ideas, or spell out what the product is directly.
Dame also pointed to ads run by the Museum of Sex and a bedsheet company called Brooklinen that include more explicit images and phrases. Those ads are also allowed to run on the subway.
In their lawsuit, Dame claims that the MTA allows ads for breast implants and condoms as well. Dame argues that in comparison, their ads were not as suggestive or graphic.
In a complaint obtained by Vice, Dame says that the MTA tolerates ads that cater to the sexual needs of men, but not women.
“The MTA’s decision to reject Dame’s advertisements reflects no legitimate principle of law. Instead, it reveals the MTA’s sexism, its decision to privilege male interests in its advertising choices, and its fundamental misunderstanding of Dame’s products, which have transformed the sexual health and wellness of more than 100,000 consumers,” the complaint reads.
On its website, Dame goes on to say that this issue also goes beyond basic sexual pleasure. They claim that their products are catered towards health benefits as well.
“Vibrators are regularly prescribed by doctors as a drug-free, affordable solution for low-libido, arousal disorders, and sexual function issues for those recovering from abuse, cancer, and more,” a statement reads. “If vibrator companies can’t advertise, those people won’t know what options are available to them.”
Past Complaints Against MTA
This is not the first time a company has accused the MTA of gender discrimination when it comes to advertising. In 2015, Thinx, a period underwear company, was told by the MTA’s ad agency that its ads depicting a grapefruit and egg yolk were too explicit. Its photos of women wearing the product accompanied by the slogan “underwear for women with periods” were also allegedly rejected.
They went public with this rejection and ended up getting approved to run their ads.
Dame is also taking a very public approach with their situation. The company is encouraging people to use the hashtag #DerailSexism to join a conversation about the MTA’s decision. One user pointed out that while these ads are banned on the subway, women who use public transport are often subject to sexual harassment.
Still, a spokesperson for the MTA defended their decision. They told Reuters that the organization is “constitutionally entitled to draw reasonable content-based distinctions.”
The MTA also says they plan to defend themselves against the lawsuit.
Trump Signs Order Allowing Former Troops to Be Called Upon for Coronavirus Fight
- President Trump signed an executive order that allows for former troops to be brought back to active duty to help fight the coronavirus pandemic.
- This is not an immediate order to call former service members back, but it is typically used when the military is in need of specific skill sets, like persons with high demand medical capabilities.
- Officials are still reviewing who might be activated.
- The order comes just days after the Army called upon former service members to voluntarily rejoin and help in the military’s response efforts. Over 14,000 have expressed interest as of Friday.
Trump Signs Executive Order
President Donald Trump signed an executive order Friday that allows the Pentagon to bring former U.S. troops and members of the National Gaurd and reserve back to active duty to help those already battling the county’s coronavirus outbreaks.
During his press conference Friday night, Trump said the decision allows the federal government “to mobilize medical, disaster and emergency response personnel to help wage our battle against the virus by activating thousands of experienced service members including retirees.”
“We have a lot of people, retirees, great military people — they’re coming back in,” Trump added.
What This Means
The executive order released by the White House states that anyone recalled can remain on active duty for up to 24 months straight. It provides the Department of Defense and the Department of Homeland Security the authority to order as many as 1 million individuals at one time, however, it is not an order to do so.
According to Pentagon spokesperson Jonathan Hoffman, the order applies to units and individual members in the National Guard and Reserves and certain Individual Ready Reserve members who are normally in an inactive status.
Hoffman said that decisions about who may be activated are still being reviewed, but he added, “Generally, these members will be persons in Headquarters units and persons with high demand medical capabilities whose call-up would not adversely affect their civilian communities.”
As of now, the Individual Ready Reserve contains 224,841 members, according to the Department of Defense, and nearly 11,000 of those members “have medical capabilities.”
“This is a dynamic situation, we do not currently have a projected number of expected activations, but the Department is now fully authorized to make activations as needed,” Hoffman said.
He also stressed that the departments would consult with state officials before using any National Gaurd Reserve Component units under the executive order.
Earlier this week, the Army called upon former service members to voluntarily rejoin and help in the military’s pandemic response efforts. The Army said the initial response has been positive, with at least 14,6000 people expressing interest as of Friday.
See what others are saying: (Politico) (CNN) (Fox News)
FDA Authorizes Portable Test Kit That Can Detect COVID-19 in 5 Minutes
- The FDA has approved the use of a new coronavirus test kit that can give positive results in as little as 5 minutes and negative results in 13, leaps faster than the hours and sometimes days laboratory tests normally take.
- The tests are run on a lightweight and small portable device that can be used in emergency rooms, urgent care clinics, and even outside hospital walls.
- Abbott, the medical device company that makes the kits, plans to send out 50,000 tests a day starting next week.
New Test Approved
The U.S. Food and Drug Administration gave Emergency Use Authorization to the medical device company Abbott for a new coronavirus test kit that gives results within minutes.
Abbott announced the news in a Friday press release, saying it plans to start delivering 50,000 tests a day beginning next week. The tests run on the company’s ID NOW platform, a portable device about the size of a small toaster than weights only 6.6 pounds.
Its portability means it can be used directly in an emergency room or urgent care clinic and even, “outside the traditional four walls of a hospital in outbreak hotspots.”
The company called it “the fastest available molecular point-of-care test for the detection of novel coronavirus(COVID-19), delivering positive results in as little as five minutes and negative results in 13 minutes.”
Second Rapid Test to Be Approved by FDA
The approval from federal health officials means that regulators were satisfied with the test’s validation data and are confident that its benefits outweigh any risk, like false positives or negatives.
The FDA’s approval marks the seconds time it has green-lit a fast working test that could accelerate testing across the country. Last week, it approved a 45-minute rapid point of care test by the molecular diagnostics company Cepheid. However, that test is primarily intended for emergency rooms and hospitals, not doctors’ officers or urgent care clinics.
Still, those turnaround times are leaps faster than the hours to days it takes most laboratory tests to bring results.
Medical Shortages Still Cause Concern
The approval of the Abbott test comes as cities across the nation battle with numbers of potential patients that surpass available tests and resources. Even with insufficient testing, the United States became the country with the largest number of reported cases of coronavirus on Thursday, exceeding China and Italy. By Friday, the U.S. hit more than 100,000 cases.
Many fear that shortages of other critical medical equipment, like masks and swabs, could stifle the new rapid test’s impact. That’s because the kit requires a swab sample collected from patients, and many health care facilities are running desperately low on the tools needed to safely collect those samples.
The Center for Disease Control issued guidance Tuesday that allows some patients to collect their own nasal swabs in health care facilities, in an effort to reduce the amount of protective equipment needed for health care workers.
On the opposite end, however, others note that fast and efficient testing can help medical professionals determine how much protective equipment they actually need to wear when interacting with a patient, as well as what kind of care to provide. Since this test can be done in a doctor’s office, it could even potentially help diagnose patients with mild or asymptomatic cases of the virus and help stop them from unknowingly spreading it.
Experts also say drastically increasing testing capacity can help get the economy back on track sooner. With increased testing, measures like keeping everyone at home could be replaced with more targeted identification and isolation of those infected.
EPA Limits Environmental Regulations During Coronavirus Crisis
- The U.S. Environmental Protection Agency announced Thursday that it is scaling back its enforcement of environmental rules during the coronavirus emergency as businesses face challenges like layoffs and accessibility issues.
- The temporary policy allows companies to monitor their own compliance with environmental laws, and the EPA said it will not issue penalties for violations of certain reporting requirements.
- Many critics slammed the move, arguing that it opens doors to excess pollution and does not prioritize the health and safety of people and wildlife.
- The EPA defended the policy, saying it has reserved its authorities for situations other than routine monitoring and reporting and will consider the pandemic’s impacts on a “case-to-case basis.”
The U.S. Environmental Protection Agency (EPA) says it will limit the enforcement of certain regulations as the coronavirus pandemic continues, leaving companies in charge of monitoring their own compliance with environmental laws.
The agency unveiled the temporary policy on Thursday, arguing that businesses are running into obstacles like layoffs and accessibility issues as the virus alters normal life across the nation.
“EPA is committed to protecting human health and the environment, but recognizes challenges resulting from efforts to protect workers and the public from COVID-19 may directly impact the ability of regulated facilities to meet all federal regulatory requirements,” EPA Administrator Andrew Wheeler said in a statement.
Under normal circumstances, companies must report when their facilities release a certain amount of pollution into the air or water. Now, that requirement will be put on hold for the time being.
“In general, the EPA does not expect to seek penalties for violations of routine compliance monitoring, integrity testing, sampling, laboratory analysis, training, and reporting or certification obligations in situations where the EPA agrees that Covid-19 was the cause of the noncompliance and the entity provides supporting documentation to the EPA upon request,” the policy states.
The agency also said it would exercise “discretion” in enforcing other environmental rules. It noted that the policy does not apply to criminal violations or hundreds of the country’s most toxic waste sites that fall under the Superfund act. The EPA also said it expects public water systems to maintain high standards.
“Public water systems have a heightened responsibility to protect public health because unsafe drinking water can lead to serious illnesses and access to clean water for drinking and handwashing is critical during the COVID-19 pandemic,” the policy says.
The memo said that the changes will apply retroactively beginning on March 13, with no set end date indicated.
Criticism of New Policy
Some, including people in the oil industry, had been asking for these regulations to be loosened, but others slammed the EPA’s choice, claiming it is too broad and lax.
Gina McCarthy, who headed the EPA under the Obama administration and is now president of the Natural Resources Defense Council, called the policy an “open license to pollute.”
Some called the changes “outrageous” and “evil,” accusing the EPA of prioritizing businesses over the health of individuals and wildlife.
Prominent figures in the climate change fight slammed the move as well.
“The EPA uses this global pandemic to create loopholes for destroying the environment,” teenage climate activist Greta Thunberg tweeted. “This is a schoolbook example for what we need to start looking out for.”
Others pointed out the irony of suspending rules that preserve air quality while a respiratory disease makes its rounds across the country.
“What part of, ‘air pollution increases our vulnerability to respiratory diseases LIKE CORONAVIRUS,’ is not clear, EPA?” one Twitter user wrote.
Defense of Policy
The EPA stood behind their move and did not agree with its classification as a dismissal of regulations.
“It is not a nationwide waiver of environmental rules,” Andrea Woods, an E.P.A. spokeswoman, told The New York Times. “For situations outside of routine monitoring and reporting, the agency has reserved its authorities and will take the pandemic into account on a case-by-case basis.”
Susan Parker Bodine, the EPA official who issued the policy, said that it does not excuse organizations from consequences if they do committ environmental violations.
“If you do have violations of your permit, you’re still obligated to meet your permit limits, you’re supposed to do everything possible,” Bodine told ABC. “And after the fact the agency will take that all into consideration but there isn’t a promise of no penalties in those kinds of situations.”
“If you have an acute risk, if you have an imminent threat … the facility has to come in and talk to their regulator, their authorized state or come into the agency,” she added. “And the reason for that is that we want to, we want to put all of our resources into keeping these facilities safe keeping communities safe.”