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Delphi has successfully represented Lindex in the Court of Appeal in the marketing case against Essity

Delphi has successfully represented Lindex Sverige AB in the high-profile marketing case against Essity concerning Female Engineering’s period underwear. Today, the Court of Appeal ruled in Lindex’s favor on all key issues and ordered Essity to reimburse Lindex for all of its litigation costs.

The case concerned Lindex’s marketing of the period underwear as also suitable for light urinary leakage, and whether this means the product should be classified as a medical device subject to CE marking requirements. The Court of Appeal found that Essity had not shown that the communication refers to an illness or disability. Instead, the marketing concerns a hygiene product aimed at women in general.

The judgment provides important guidance on the distinction between consumer products and medical devices, and on how companies can communicate openly about bodily functions such as menstruation and light urinary leakage.

Lindex is one of Europe’s leading fashion companies, with approximately 430 stores in 17 markets and online sales. Lindex is a wholly owned subsidiary of Lindex Group Abp.

The Delphi team has consisted of Emil Andersson, Louise Sundström, Anna Ersson, Sebastian Torres, and Linda Johansson across the various stages.