Menstrual underwear brand, Thinx, has settled a class-action lawsuit (a lawsuit filed or defended by an individual acting on behalf of a group) of up to $5 million, after a cluster of claims and independent research suggested that some of its “organic and sustainable” underwear actually contained harmful chemicals. Anyone who has purchased a product from Thinx in the last six years may now also be eligible for a refund.
After advertising its products as “non-toxic”, Thinx's period pants were allegedly found to contain Per- and Polyfluoroalkyl substances (aka PFAS), which are harmful chemicals that have even been linked to fertility issues, environmental pollution, and certain cancers.
Thinx told Cosmopolitan UK: “The litigation against Thinx has been resolved, the settlement is not an admission of guilt or wrongdoing by Thinx, and we deny all allegations made in the lawsuit. We will continue to focus on bringing innovative, safe, and comfortable leak protection underwear to consumers.”
Here’s what we know about the situation…
What is the Thinx lawsuit over toxic chemicals?
Since 2020, Thinx has faced at least three lawsuits claiming that the brand was misrepresenting its underwear as safe and chemical-free. One lawsuit against Thinx alleged that some customers who wore the underwear had developed irregular menstrual cycles, urinary tract and yeast infections, and unexplained infertility as a result.
On top of that, testers allegedly found Agion (an antimicrobial odour reducing agent made from silver and copper nanoparticles) in the underwear. Thinx claimed all its products were “free” of such chemicals and although the company denied all of the allegations made in the lawsuit, they still agreed to pay up to $5 million to settle the lawsuit in June of 2022.
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In the class-action suit, Thinx said that PFAS have never been a part of the product design, but that it will continue to take measures to ensure that PFAS are not intentionally added at any stage of production.
Wait… what are PFAS?
Libby Linford, a Registered Nutritionist & Functional Medicine Practitioner, tells Cosmopolitan UK that PFAS are a large group of man-made industrial chemicals which are used in various everyday products – they’re found in waterproof clothing, non-stick bakeware, in food packaging, toiletries, and home products such as carpets. Known as “forever chemicals” they can build up in our bodies and take thousands of years to degrade. Some research has even linked small doses of PFAS to cancer, reproductive and immune system harm, and other diseases, according to the Environmental Working Group.
“We are exposed to PFAS in our everyday lives through interaction with our environment and products,” Linford explains. “Research into the health effects of PFAS is still ongoing in an attempt to better understand the impact [that PFAS have] on health.”
Can PFAS impact fertility and periods?
“Due to the vast size of this group of chemicals, many haven’t yet been studied for their toxicology,” Linford said “but it has been shown that those which have been studied may cause harm to the environment and also possible harm to humans.
“Current peer reviewed scientific studies have shown that some PFAS may lead to reproductive effects such as decreased fertility,” Linford explains. “They may interfere with fertility through mechanisms such as by altering hormone secretion, regularity of menstrual cycles and fertility.”
How can PFAS impact certain cancers?
Linford also describes how some PFAS have been classified as suspected carcinogens in humans. “Some studies have concluded that PFAS may be a potential risk factor for breast cancer amongst others which may include testicular and kidney cancer.”
How did toxic chemicals get into Thinx underwear?
It’s unclear how PFAS made their way into Thinx products, but the brand stressed to us it wasn’t by design (suggesting perhaps this was an error made at the manufacturing stage or by material suppliers, although this absolutely hasn't been confirmed). It’s also unclear how PFAS can be absorbed through underwear, but a study from the Environmental Working Group suggests PFAS exposure through skin can be just as harmful as ingesting it through water and food.
A spokesperson for Thinx said: “We take customer health and product safety seriously. We can confirm that PFAS has never been part of our product design. We will continue to take measures to ensure that PFAS are not added to our products.”.
How can you claim money back from Thinx?
If you've purchased a pair of Thinx period underwear in the last six years, you may be entitled to compensation. Recently, an official settlement website went live, inviting customers who bought the brand’s underwear between 12 November 2016 and 28 November 2022 to submit claims for compensation.
Customers can submit their claims via a specially built website before 12 April 2023, to receive either cash reimbursement for up to three purchases, or a single-use discount voucher. The following varieties will be covered: cotton brief, cotton bikini, cotton thong, sport, hip hugger, high waist, boy short, French cut, cheeky, and thong
For more info on the Thinx lawsuit and how to claim money back on any purchases made in the last six years, visit the Thinx Underwear Settlement website here
Chloe Bowen is Cosmopolitan UK’s former Features Intern. She holds undergraduate and masters degrees in journalism, and ever since joining the Cosmo team, Chloe writes about everything from sex and dating to mental health, culture, body image and books. In her spare time, she’s likely to be cooking up tasty vegan food, in a yoga class, binge-watching crime documentaries or going on long walks with an over-priced oat milk flat white.
Jennifer Savin is Cosmopolitan UK's multiple award-winning Features Editor, who was crowned Digital Journalist of the Year for her work tackling the issues most important to young women. She regularly covers breaking news, cultural trends, health, the royals and more, using her esteemed connections to access the best experts along the way. She's grilled everyone from high-profile politicians to A-list celebrities, and has sensitively interviewed hundreds of people about their real life stories. In addition to this, Jennifer is widely known for her own undercover investigations and campaign work, which includes successfully petitioning the government for change around topics like abortion rights and image-based sexual abuse. Jennifer is also a published author, documentary consultant (helping to create BBC’s Deepfake Porn: Could You Be Next?) and a patron for Y.E.S. (a youth services charity). Alongside Cosmopolitan, Jennifer has written for The Times, Women’s Health, ELLE and numerous other publications, appeared on podcasts, and spoken on (and hosted) panels for the Women of the World Festival, the University of Manchester and more. In her spare time, Jennifer is a big fan of lipstick, leopard print and over-ordering at dinner. Follow Jennifer on Instagram, X or LinkedIn.
