Thinx settled a class-action lawsuit alleging its products contain harmful chemicals, though the company denies the allegations.
The vintage underwear brand has long been marketed as a sustainable and organic alternative to traditional disposables.
However, a class action trial accused Thinx of falsely claiming its products were free of harmful chemicals after independent third-party testing found the products contained polyfluoroalkyl substances (PFAS), often referred to as “forever chemicals” and silver nanoparticles.
The May 2022 complaint alleged that chemicals in Thinx products pose “a danger to the safety of the female body and the environment.” Indeed, research shows that higher exposure to PFAS is linked to reduced fertility in women.
The vintage personal care products have a history of health problems for consumers dating back to the 1980s, when tampons were first linked to toxic shock syndrome, the lawsuit says.
“The presence of these chemicals contradicts all of Thinx’s consistent claims that the product is non-toxic, harmless, sustainable, organic, environmentally friendly and safe for women and the environment,” the lawsuit states.
Class members were notified of the settlement this week, according to NPR. A district court in the Southern District of New York gave preliminary approval to the deal in December. Thinx has agreed to pay refunds of up to $5 million to customers who purchased its products between November 12, 2016 and November 28, 2022. In addition, eligible customers can choose between a cash refund for up to three pairs of underwear or a voucher for a 35% discount.
Customers have until April 12, 2023 to submit a refund request.
Thinx has quickly become a major leader in the reusable menstrual product market, alongside other brands such as Knix and Proof. However, harmful chemicals came first found in Thinx products in early 2020. Shortly thereafter, two lawsuits, along with the May 2022 case, were filed against the company.
Despite agreeing to a settlement, Thinx maintains that PFAS was never part of the design of its products.
“The litigation against Thinx has been resolved, the settlement is not an admission of guilt or wrongdoing by Thinx, and we reject all allegations made in the lawsuit,” a company spokesperson said in a statement sent to HuffPost. “We will continue to focus on bringing consumers innovative, safe and comfortable, leak-proof underwear.”
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