Earlier this month, the feminine hygiene company Thinx settled a class-action lawsuit for five million dollars over the use of PFAS in its products. Thinx used PFAS, or per- and polyfluoroalkyl substances, to improve the performance of its period underwear. Studies have linked PFAS to fertility problems, certain cancers, and other health risks. Consumers who purchased Thinx products between November 12th, 2016, and November 28th, 2022 have until April 12th, 2023 to submit an online claim to be eligible for partial cash reimbursement or a voucher for thirty-five percent off a single purchase. Consumers may visit thinxunderwearsettlement.com/Home/SubmitClaim to submit a claim.
Misleading Marketing
The class-action lawsuit focused on misleading marketing by the manufacturer who claimed in advertisements that its products were sustainable, organic, and reusable. As part of the settlement, Thinx is required to change its marketing language, and ensure that PFAS are not intentionally added to its products in the future.
Columnist for Sierra Magazine Jessian Choy is credited with uncovering high levels of PFAS in Thinx products in 2020. Choy asked Dr. Graham Peaslee, a nuclear scientist at the University of Notre Dame, to test Thinx products. Testing revealed that one pair of Thinx underwear contained 3,264 parts per million, and another contained 2,053 ppm of the forever chemicals.
In 2022, the Environmental Protection Agency updated its recommendations of lifetime exposures for four types of PFAS in drinking water but has yet to set a limit for other sources of PFAS exposure such as food and consumer products. However, a 2017 study by the Commission for Environmental Cooperation revealed that PFAS were able to migrate from textiles into spit and sweat, and laundry water. According to the National Health and Nutrition Examination Survey, about ninety-seven percent of the United States population has PFAS in their bloodstream.
Why are PFAS considered dangerous?
PFAS belong to a large family of man-made chemical compounds, which include Perfluorooctanoic acid (PFOA) and perfluorooctanesulphonate (PFOs). According to recent studies, PFAS may pose environmental and human health risks. Known as “forever chemicals” because of their resistance to breakdown, they are used in products such as non-stick pans, cleaning products, waterproof clothing, and firefighting equipment.
Experiments on PFAS have shown that exposure can lead to negative effects on human health, including changes in cholesterol, thyroid dysfunctions, osteoarthritis, increased levels of uric acid, delayed puberty, liver problems, and immune disorders.
What to do if you’ve been exposed to PFAS
If you or a loved one have been injured due to a defective product like the chemicals found in Thinx undergarments, call an experienced defective product attorney immediately. Our team of expert attorneys can help you understand your options and navigate the legal process. Call us today at (305) 662-6178 or visit panterlaw.com for a free consultation with a dedicated attorney.
Panter, Panter & Sampedro is a leading personal injury law firm dedicated to protecting Florida’s families. For over 30 years, our experienced trial attorneys have worked one-on-one with clients to successfully get the justice, recovery, and compensation they deserve.
Sources:
https://www.consumernotice.org/news/pfas-thinx-lawsuit/#
https://www.usfa.fema.gov/blog/cb-021120.html
https://www.niehs.nih.gov/health/topics/agents/pfc/index.cfm
https://panterlaw.com/2022/05/16/firefighter-pfas-exposure/
https://panterlaw.com/product-liability/defective-products/
