What You Should Know About the Thinx Underwear Lawsuit Settlement

February 1, 2023

If you’ve purchased Thinx underwear in the past and have heard recent rumblings of a Thinx underwear lawsuit, don’t panic. While the brand did recently settle a class-action lawsuit alleging that its underwear contains possibly harmful chemicals, there’s already a legal path you can take if you’re someone who’s impacted by the settlement. 

Plaintiffs in the lawsuit claimed that third-party testing on Thinx underwear exposed the presence of short-chain per-and polyfluoroalkyl substances (PFAS). PFAS are known as “forever chemicals” and are found in many products including clothing, cookware, cosmetics, electronics, firefighting foam, and more. 

In other words: Thinx isn’t the only company accused of making products that contain these chemicals. According to The Pew Charitable Trusts, PFAS have become so common they’re found in the blood of 97 percent of Americans. Studies have revealed that high levels of PFAS can lead to an increased risk of cancer, among other health issues.

But in the case of Thinx underwear, the issue comes down to claims the company made about the safety of its products that a complaint filed in May 2022 took issue with. “Through its uniform, widespread, nationwide advertising campaign, [Thinx] has led consumers to believe that Thinx Underwear is a safe, healthy, and sustainable choice for women, and that it is free of harmful chemicals,” the complaint said.

“In reality, Thinx Underwear contains harmful chemicals … which are a safety hazard to the female body and the environment,” the complaint continued. It noted that the company claimed in numerous instances on its website that its underwear was tested and free of such chemicals.

Thinx responded by denying those allegations, and a company spokesperson told NPR that PFAS have never been part of its product design, adding that they will keep working to make sure the harmful chemicals are not added to its products in the future either. 

“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,” the spokesperson noted.

However, that doesn’t mean that if you bought Thinx underwear, you aren’t due compensation. Quite the opposite, actually. Thinx has agreed to pay up to $5 million to provide reimbursement in addition to committing to changes to its marketing and production methods.

If you bought Thinx underwear between November 12, 2016, and November 28, 2022, you can now submit a claim online to choose between cash reimbursement for up to three pairs of purchased underwear at $7 each or a voucher for 35 percent off a single purchase of up to $150. 

But you’ve got to act fast: anyone impacted needs to make a claim on or before April 12, 2023. 

Consumers can also exclude themselves from the class, Erin Ruben – an attorney who represents several of the plaintiffs – told NPR. Some people may choose to opt out of the settlement and move forward with their own individual cases later on.

If you purchased Thinx underwear in the past and are unsure whether you want to be a part of the Thinx underwear lawsuit, or would rather exclude yourself with the potential option to keep your right to bring a claim against the company, contact Phillips Law Group to learn more about your options. 

We may be able to advise you, based on your personal situation, if you believe you or a loved one may have been harmed by using these products or similar items. Even for matters not involving Thinx products, but other dangerous or defective items, our attorneys are skilled in navigating the personal injury field, and we would be honored to help you seek justice. 

Call us today to learn more about how we can help with a free evaluation of your situation.