‘Period Proof’ Thinx Underwear Does Not Work as Advertised, Class Action Claims

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A proposed class action alleges Thinx underwear does not work as advertised given that the menstruation products do not last all day, prevent leaks or absorb the amounts of fluid claimed by the company. 

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Per the case, the Thinx products at issue have a special fabric layer meant to “trap blood and liquid, and prevent them from leaking onto clothing.” The 27-page suit says that although Thinx touts its underwear, intended to be worn during menstruation, as “period proof” and able to replace the need for disposable products, such as pads, tampons, liners and cups, the garments, in truth, “do not absorb the advertised amounts of fluid, and thus leak.” 

“Had Thinx been truthful, Plaintiff and other consumers would not have purchased the products, or would have paid less for them,” the lawsuit reads. 

Per the case, Thinx makes specific representations about how much fluid its underwear can hold. For instance, products rated “super” are advertised as able to retain 45 mL of fluid while products rated “lightest” can purportedly hold 9 mL of fluid, the suit relays.

According to the complaint, testing done on two Thinx products by the plaintiffs’ counsel using “cough syrup to mimic the viscosity of menstrual flow, just as manufacturers do to test pads and tampons,” revealed that none of the tested products were as absorbent as advertised. Per the suit, 5 mL of cough syrup was applied to the underwear nine times every half hour. 

“At the end of testing, none of the Products were able to absorb the specific amounts of fluid advertised,” the case states, stressing that the entire purpose of buying Thinx underwear is so that the product absorbs fluid. 

Ultimately, consumers have been misled into buying Thinx menstrual underwear based on the company’s misrepresentations, the case claims. The filing posits that Thinx “knows the truth” about the ineffectiveness of its products given its awareness of a bevy of negative reviews about the items posted by consumers online. 

Neither the plaintiff nor other consumers would have bought the Thinx underwear at issue had they known the products simply do not work as advertised, the suit says. 

“[The plaintiff] likes the concept of the Thinx Products, and would purchase them again if she could feel sure that Defendant would not illegally deceive her,” the case states, adding that, without an injunction, the plaintiff “cannot trust that [Thinx] will comply with the consumer protection statutes.” 

The lawsuit looks to cover all consumers in the United States who, within the applicable statute of limitations period, bought one or more Thinx products for personal use. 

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