Thinx Can’t Dodge Period Underwear Absorbency Deception Lawsuit

Menstrual underwear maker Thinx Inc. failed to convince a judge to dismiss a proposed class action that alleged the company made false statements about how much fluid the products could hold.

The company argued that because the products are advertised as being able to hold “up to” a threshold of absorbency, a reasonable consumer would know the phrase “prevents leaks” doesn’t guarantee the underwear will hold all the fluid dispensed into it. But the US District Court for the Central District of California said claims the underwear can’t hold the advertised amount of fluid were properly pleaded.

Tesha Gamino sued ...