Thinx ‘non-toxic’ period panties settles $5M lawsuit over harmful chemicals

You may want to thinx again before wearing these undies.

Period panty company Thinx settled a class-action lawsuit for $5 million after wearers were allegedly duped into believing the underwear was safe and sustainable.

In fact, the plaintiffs claimed, the absorbent undergarments contained so-called “forever” chemicals, short-chain perfluoroalkyl and polyfluoroalkyl substances, which have the potential to cause harm with repeated exposure. While PFAS are often used to make fabrics waterproof and stain-resistant, they’ve also been linked to a number of chronic diseases, including cancer.

Further analysis of the underwear is said to have revealed it also contained Agion anti-microbial treatment, a manufacturing pesticide that may also pose a health threat, according to experts. The plaintiff claimed that “vaginal administration” of the chemical could cause “ultrastructural changes to the vaginal mucosa, urethra and rectum, in addition to leading to migration of silver into the bloodstream.”

Touted as “organic,” “sustainable” and “non-toxic” and worshipped by eco-friendly A-listers, the adorably packaged period panties were marketed as the end-all-be-all for the anti-tampon evangelist.

They’re washable, reusable and had seemingly achieved the impossible by holding up to five tampons worth of menstrual blood. But the days of free bleeding in sexy panty-diaper hybrids might be gone.

In the suit, plaintiff Nicole Dickens independently tested Thinx underwear and supposedly “confirmed the existence of these harmful chemicals,” which “contradicts” the healthy-go-lucky mantra the company promotes. She alleged that the Manhattan-based company “knowingly and willfully concealed and misrepresented” the brand’s products.

The company has agreed to pay up to $5 million to various settlement class members, but only if they submit a claim for reimbursement by Apr. 12, 2023.

The settlement promises to reimburse eco-conscious consumers who purchased undergarments between Nov. 12, 2016, and Nov. 28, 2022, for a maximum of three pairs of Thinx underwear at $7 a pop — but only with proof of purchase. For those lacking a valid receipt, a maximum refund of $3.50 per pair, only up to three, is available. Alternatively, affected customers can opt to receive a 35% off voucher on purchases of up to $150 — if they’re willing to take their chances on another pair.

Thinx vowed to take action in preventing the inclusion of PFAS going forward, by ensuring that well-known harmful chemicals are not “intentionally added” to their products. The brand’s raw materials suppliers will also need to sign a “Supplier Code of Conduct and Chemical Supplier Agreement,” which will require the suppliers to vow no PFAS are added on their end. As for the Agion anti-microbial substance, Thinx will hedge claims made about the pesticide’s transferability (onto, say, human skin).

While the ultra-absorbent briefs might be the hot ticket option for all the sustainable menstruators, it’s up to those with a uterus to weigh the risk — which, unfortunately, comes with a host of other period problems.

Menstrual cups aren’t comfortable for everyone. Tampons, if used for too long at a time, can cause toxic shock syndrome — albeit rarely. Pads might also contain harmful chemicals. Both can drive up our negative waste impact on the planet.

And this isn’t even the first time Thinx customers have seen red. The company has been slammed with a number of lawsuits, each alleging the presence of PFAS in the popularized panties, claiming the brand misrepresented its products.

“Period proof” undies brand Knix followed its competitor’s suit, as it was also hit with a lawsuit last year over the same PFAS predicament.