---
title: An underwear lawsuit, explained
description: Thinx marketed itself as a sustainable solution to menstruation, but plaintiffs say the underwear contains potentially harmful chemicals.
---

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# [An underwear lawsuit, explained](https://hs-sbup.thehustle.co/news/01232023-underwear)

 Written by [Juliet Bennett Rylah](https://hs-sbup.thehustle.co/news/author/juliet-bennett-rylah) | Jan 23, 2023 9:09:52 AM

Think you know what’s in your underwear? *Thinx* again.

Thinx — an absorbent underwear brand for menstruation or incontinence [acquired](https://www.cbinsights.com/company/thinx) by Kimberly-Clark in 2022 — markets itself as a safer, more sustainable alternative to disposable pads and tampons.

But plaintiffs in a 2022 class-action lawsuit claim third-party testing uncovered short chain per-and polyfluoroalkyl substances (PFAS), [per](https://www.npr.org/2023/01/19/1150023002/thinx-period-underwear-lawsuit-settlement) *NPR*.

**P-what now?**

PFAS are synthetic chemicals used in products like nonstick cookware, water-repellent fabrics, cosmetics, and more, [per](https://www.atsdr.cdc.gov/pfas/health-effects/overview.html) the CDC.

They’ve been phased out in the US due to health and environmental concerns:

- They can contaminate soil, water, and air, and don’t break down.
- They can build up in people and animals.
- Research is ongoing, but studies have suggested a link to harmful health effects, including [cancer](https://www.buzzfeednews.com/article/stephaniemlee/pfas-cancer-study) and [vaccine efficacy](https://www.theguardian.com/commentisfree/2021/jan/27/will-my-exposure-to-forever-chemicals-make-the-covid-19-vaccine-less-effective).

**Thinx denies the lawsuit’s findings…**

… but agreed last week to change its marketing language and some production practices, plus pay $5m to reimburse some customers.

**Interestingly:** The lawsuit follows a 2020 *Sierra* magazine [report](https://www.sierraclub.org/sierra/ask-ms-green/my-menstrual-underwear-has-toxic-chemicals-it) in which columnist Jessian Choy sent several pairs to a nuclear scientist for testing, who also found PFAS; then-CEO Maria Molland denied those findings.

**A key issue? Marketing**

The lawsuit doesn’t assert that Thinx caused anyone harm, just that its marketing was misleading.

People often pay a premium or make purchase choices based on claims that products are “sustainable,” “natural,” or “organic.”

A lawsuit [filed](https://www.theguardian.com/environment/2023/jan/19/simply-orange-juice-coca-cola-pfas-class-action-lawsuit) last week against Coca-Cola’s Simply Orange Juice alleges its marketing “is designed to drive sales and increase profits by targeting health-conscious consumers” — despite containing high levels of PFAS.

**BTW: **Five EU nations — the Netherlands, Germany, Denmark, Sweden, and Norway — proposed [banning](https://www.rivm.nl/en/news/proposed-european-pfas-ban-officially-submitted) the use and production of PFAS earlier this month.

[View full post](https://hs-sbup.thehustle.co/news/01232023-underwear)

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