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Thinx Underwear PFAS and Chemicals Massachusetts Class Action

Thinx, Inc. makes underpants that purportedly can be used in place of pads or tampons. The complaint for this class action alleges that the company’s advertising leads consumers to think the underwear is safe and healthy for women, while in reality, it contains harmful chemicals, including multiple polyfluoroalkyl substances (PFAS) and silver nanoparticles.

The class for this action is all persons living in Massachusetts who bought Thinx underwear, during the maximum period permitted by law.

Thinx claims to use “signature, innovative technology” in its underwear. The complaint quotes Thinx’s advertising as saying, “Customer safety is important to us, and so is your trust. That’s why we’ll always be honest and transparent about how our products are made. From rigorous absorbency testing, to objective third-party tests of our finished products, here are all the steps we take to uphold the highest standards of product safety.”

Its website FAQ asks, “Are Thinx free of harmful chemicals?” The answer given is “Absolutely! …[A]ll Thinx Inc. products are rigorously tested for harmful chemicals, and independently certified through Standard 100 by Oeko-Tex” to certain standards.

The FAQ also says the products are made of organic cotton and to control odor via “an application of non-migratory silver… Non-migratory’ means it won’t come off your undies and that it only responds to bacteria *on the fabric,* not on your skin…” The same FAQ also claims the underwear “do[es] not contain toxic metals or engineered nanoparticles.”

However, the complaint alleges that its own third-party testing “found short-chain PFAS chemicals” in the underwear “at material and above trace amounts.” Previous 2020 testing ordered by a reporter also “discovered high levels of fluorine” which may indicate the presence of PFAS “in addition to finding the presence of copper and zinc.”

The complaint alleges, “All PFAS contain carbon-fluorine bonds … making them highly persistent in the environment and in human bodies.” Long-chain PFAS chemicals “have been associated with a variety of negative health effects for humans, including cancer.” Long-chain PFAS chemicals are no longer in use in the US, but they have been replaced by short-chain PFAS. However, the complaint alleges that short-chain PFAS have been found to “have the same adverse effects as their long-chain counterparts.”

As to silver and copper nanoparticles, the complaint alleges these very small particles “can readily enter the human body through inhalation, ingestion, and skin absorption.” The fact that they’re “natural” does not make them safer than an “engineered” variety, the complaint claims. It also asserts that silver nanoparticles pose multiple risks to female bodies. The complaint alleges that all silver can migrate and that there is no such thing as “non-migratory silver” in clothing.

Finally, the complaint claims that the underwear is not organic and cannot meet the Global Organic Textile Standards because of the presence of PFAS.

Thinx denies the validity of the PFAS findings, but the complaint alleges the company’s testing is not as rigorous as it claims.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Thinx Underwear PFAS and Chemicals Massachusetts Complaint

June 18, 2021

Thinx, Inc. makes underpants that purportedly can be used in place of pads or tampons. The complaint for this class action alleges that the company’s advertising leads consumers to think the underwear is safe and healthy for women, while in reality, it contains harmful chemicals, including multiple polyfluoroalkyl substances (PFAS) and silver nanoparticles.

Thinx Underwear PFAS and Chemicals Massachusetts Complaint

Case Event History

Thinx Underwear PFAS and Chemicals Massachusetts Complaint

June 18, 2021

Thinx, Inc. makes underpants that purportedly can be used in place of pads or tampons. The complaint for this class action alleges that the company’s advertising leads consumers to think the underwear is safe and healthy for women, while in reality, it contains harmful chemicals, including multiple polyfluoroalkyl substances (PFAS) and silver nanoparticles.

Thinx Underwear PFAS and Chemicals Massachusetts Complaint
Tags: Deceptive Advertising, Made or Constructed with Harmful Chemicals