Confusion comes from the failure previously being discussed as an input voltage issue, as noted even in TI's post:
"I did communicate and discuss an input voltage limit with multiple customers & on e2e, such as a steady-state or DC version of the existing "Differential input signal voltage ±1 V" spec. My work resulted in the working guidance of 400mV, which you mention and various engineers have now become aware."
I was just noting that it is surprising that it's an output thing, given the failure mode and datasheet diagram - again it could be much more complicated internally than is presented in the datasheet however, and they don't really explain what is really happening, possibly because it could give customers who have been burnt by this fuckup more legal ammunition.
Really fucking poor from TI all around I have to say, firstly missing a major product design/documentation issue, then with this confusing mess where they change the datasheet without proper explanation and need a bunch of prodding to get even a vague answer.