Thinx settles multi-million dollar lawsuit as period underwear customers voice “forever chemical” concerns

27 Jan 2023 --- US-based Thinx has settled a class action lawsuit after allegations were made that its period underwear products contain potentially harmful PFAS chemicals despite being advertised as sustainable, organic and reusable.

The company denies all of the allegations brought forward in the Dickens, et al. v. Thinx Inc. lawsuit and “anything improper or unlawful.” However, the plaintiff Nicole Dickens claims that independent testing found Thinx’s underwear to contain the so-called “forever chemicals.” 

The Centers for Disease Control and Prevention has linked PFAS to adverse health effects but brand’s are not required to specify the use of the chemicals on product labeling in the US.

In an official statement, Thinx said that “PFAS has never been a part of its product design and it continues to take measures to help ensure these products are not added to its products.”

A Thinx spokesperson tells PersonalCareInsights: “The focus of the settlement is related to how products were marketed and not on product safety or any adverse health effects.”

“While the settlement was not an admission of wrongdoing by Thinx, we have chosen to resolve this matter so that we can focus our attention on doing what the brand does best – bringing innovative, safe and comfortable leak protection underwear to our consumers.”

Consumer complaints
Dickens brought the civil class action on behalf of consumers who had purchased Thinx underwear, including the cotton brief, cotton bikini, cotton thong, sport, hiphugger, hi-waist, boyshorts, French cut, cheeky and thong styles, which are used for personal hygiene purposes to collect and absorb menstrual fluid.Dickens brought the civil class action on behalf of consumers who had purchased Thinx underwear.

“Plaintiff’s independent testing has confirmed the existence of these harmful chemicals in Thinx’s products using industry-standard testing. The presence of these chemicals contradicts all of Thinx’s unvarying representations that the product is non-toxic, harmless, sustainable, organic, environmentally friendly and otherwise safe for women and the environment,” the legal case file details.

The final approval is pending in the US District Court for the Southern District of New York and is scheduled for May 24, 2023. The deadline to file a claim is April 12.

Legalities hashed out
As part of the preliminary hearing settlement, the period underwear brand has agreed to pay US$4 million into a cash fund and provide up to an additional US$1 million, if needed, to cover valid claims. Thinx has also agreed to provide non-monetary relief by taking measures on its production controls.

The company will require suppliers to sign a Supplier Code of Conduct and Chemical Supplier Agreement to attest that PFAS are not intentionally added to Thinx Period Underwear.

Moreover, the use of its anti‑microbial treatments, including Agion, and the purpose for which anti‑microbial treatments are used, including odor control treatments, are to be clarified on its website.

In addition, Thinx will agree not to refer to the anti‑microbial components of Agion as “non‑migratory.”

Currently, on its website, the brand shares that all Thinx underwear are certified based on “rigorous chemical safety requirements.” 

“We also test our finished products through an accredited, globally recognized third-party lab to ensure they are compliant with US and international regulations,” the company claims.

Phasing out “forever chemicals”
The US Environmental Protection Agency (EPA) established a council on PFAS in April 2021 and laid out a roadmap to protect public health and the environment from the impacts of PFAS. Thinx shares that PFAS has never been a part of its product design.

“The EPA will invest in scientific research to fill gaps in understanding of PFAS to identify which additional PFAS may pose human health and ecological risks at which exposure levels and to develop methods to test, measure, remove and destroy them,” it states.

Additionally, Governor of California Gavin Newsom signed the PFAS-Free Beauty Act in October last year. The law bans intentionally-added toxic PFAS from cosmetics sold in California, US.

The bill intends to protect personal care and beauty consumers from the risk of chemical build-up that can reportedly lead to health issues, including cancer.

Previously, Dr. Julie Schneider, PFAS campaigner at CHEM Trust, told us that PFAS pollution has caused an “irreversible toxic legacy of global contamination” and is “fueling the biodiversity crisis.”

“Considering the scale of the PFAS pollution crisis and the known impacts of PFAS exposure to human health and the environment, the continued use of PFAS where they are not absolutely necessary, such as cosmetics, is unacceptable,” she stated.

According to research from the German Federal Institute for Risk Assessment within the Department of Food Safety, PFAS in cosmetics can penetrate the human skin barrier and accumulate within the body.

In November, Indian non-profit Toxics Link highlighted the lack of regulation of chemical content in sanitary pads in its report, Wrapped in Secrecy, which found the presence of phthalates and volatile organic compounds in the samples of organic and inorganic sanitary products.

“Sanitary napkins are not just a consumer product but also health products. Women use them over a long time – every month for over 30 to 40 years of their lives. That’s why we want to trigger a discussion to probe a larger study to understand the health implications of continuous chemical exposure,” Priti Mahesh, one of the report’s authors, told us.

By Radhika Sikaria