Class Action Lawsuit Filed Against Thinx Period Proof Underwear

A California woman has filed a class action lawsuit against the makers of Thinx period proof underwear over claims that the products pose health risks.

Destini Kanan says independent testing has proven that Thinx Period Proof Cotton Briefs contain per- and polyfluoroalkyl substances, often referred to as PFAS, which can cause health problems in those who are exposed to the compound over time. Though Thinx executives have denied the allegations and insisted their own testing shows no such evidence, Kanan claims the company is intentionally misleading consumers in order to sell more products.

“As a direct and intended result of defendant’s advertising, marketing, and public statements, consumers, including [the] plaintiff, purchased Thinx Underwear for their personal use,” Kanan’s class action says. “Contrary to representations made by [the] defendant in marketing materials, advertisements, social media and instructional videos on its website, Thinx Underwear contains chemicals which are harmful to humans.”

Kanan filed the class action lawsuit against Thinx in the U.S. District Court for the Central District of California on Nov. 12. In it, she accuses the company of breach of implied warranty, unjust enrichment, violations of California false advertising and unfair competition law, and negligent failure to warn consumers about potential health risks.

Questions about the safety of the Thinx period proof underwear began to surface earlier this year when a writer for Sierra, the magazine of the Sierra Club, reported that University of Notre Dame nuclear scientist Dr. Graham Peaslee found “high levels of per- and polyfluoroalkyl substances (PFAS), especially on the inside layers of the crotch.”

PFAS are a group of man-made chemical compounds developed in the 1940s to give various materials resistant qualities. They are used to make stain-resistant carpets and upholstery and water-resistant apparel, among other things. PFAS are known to be persistent in the environment, and human body, when introduced there.

Over time, consistent exposure can lead to accumulated levels of PFAS in the body that can, again, over time, cause adverse health effects, according to the U.S. Environmental Protection Agency. That damage includes “increased cholesterol levels among exposed populations, with more limited findings related to infant birth weights, effects on the immune system, cancer, and thyroid hormone disruption,” the Kanan class action claims.

Thinx CEO Maria Molland released a statement in response to the Sierra report refuting the magazine’s findings and Dr. Peaslee’s testing methods. She said Thinx hired a toxicologist, separate from the laboratory the company already uses to test its products, to investigate the article’s claims. The investigation found only “the presence of elemental fluoride – not PFAS,” Molland said.

Kanan claims in her class action lawsuit that Thinx’s toxicologist “has a history of exerting inappropriate influence in its attempts to convince the public at large regarding health policy – including recommending chemical safety thresholds far above those recommended by public health experts.” She also claims the independent laboratory Thinx uses is known for taking a “proactive approach to brand protection.”

As a result of wearing Thinx period proof underwear, some customers have developed physical symptoms including irregular menstrual cycles, urinary tract infections, yeast infections, thyroid issues and unexplained infertility, Kanan’s class action complaint says.

“Defendant knew or should have known of these dangers, and has undertaken a deliberate and willful pattern of conduct (including taking active measures) aimed at deceiving consumers,” the class action lawsuit claims.

Thinx Inc. was founded in 2011 and by 2017 had generated $40 million in revenue. Its period proof underwear are washable, reusable garments designed to replace menstrual pads and tampons, or to be worn with tampons and menstrual cups for extra protection. Thinx uses “signature, innovative technology” to absorb menstrual flow, wick moisture, control odors, and prevent leaks.

Thinx period proof underwear was named among Time magazine’s list of “25 Best New Inventions of 2015.”

Kanan is seeking the court’s certification of her case as a class action lawsuit. The class action lawsuit does not specify how many potential Class Members there are, but estimates the number is in the tens of thousands in California.

Have you ever used Thinx period proof underwear? Tell us about it in the comment section below.

Kanan and the proposed Class Members are represented by Alex R. Straus, Daniel K. Bryson, Erin J. Ruben and J. Hunter Bryson of Whitfield Bryson LLC.

The Thinx Period Proof Underwear Class Action Lawsuit is Destini Kanan, et al. v. Thinx Inc., et al., Case No. 2:20-cv-10341, in the U.S. District Court for the Central District of California.

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