If you bought a pair of Thinx Period Underwear, you may be eligible for reimbursement thanks to a class-action lawsuit that was announced in November 2022.
The lawsuit alleges that Thinx, a New York-based company that launched in 2013, used potentially harmful chemicals called PFAS in the underwear without telling customers.
Although Thinx has denied any wrongdoing and emphasized the settlement was not a submission of guilt, the company agreed to pay up to $5 million to settle claims that its period underwear contained PFAS. Thinx agreed to pay $4 million for claims submitted by customers and provide up to an additional $1 million if needed to cover any valid claims.
The U.S. District Court for the Southern District of New York gave the settlement its preliminary approval in December, more than two years after the litigation began. The case combines two existing lawsuits filed in California and Massachusetts.
Keep reading to learn more about the Thinx lawsuit, whether you’re eligible for a refund, and how to file a claim.
Why was this lawsuit filed?
The Thinx class lawsuit makes allegations regarding the presence of short-chain per-and polyfluoroalkyl substances, Agion anti-microbial treatment, and the organic cotton line of the underwear.
According to studies, PFAS are referred to as “forever chemicals” because of their ability to permanently linger in the water, soil, and air. Exposure to PFAS has been associated with thyroid cancer, high cholesterol, low birth weight and an increased risk of some cancers, including liver cancer.
Who’s eligible for reimbursement?
Anyone who purchased a pair of Thinx Period Underwear between November 12, 2016, and November, 28, 2022, may be eligible for compensation. According to the lawsuit, Thnk Period Underwear refers to Cotton Brief, Cotton Bikini, Cotton Thong, Sport, Hiphugger, Hi-Waist, Boyshort, French Cut, Cheeky, and Thong.
How much compensation can you receive?
When completing the claim form, you have the option to choose either a cash reimbursement for past purchases or a single-use voucher that goes toward a future purchase. The reimbursement process goes as follows:
- Cash reimbursement. By providing a valid proof of purchase, you can receive a $7 refund for up to three pairs of Thinx Period Underwear purchases reflected in Thinx’s records.
- Cash reimbursement without proof of purchase. You could receive a $3.50 refund for up to three pairs of Thinx Period Underwear if you don’t have proof of purchase or the purchase is not reflected in Think’s records. You would attest to purchasing under penalty of perjury.
- Voucher. You can also elect to receive a voucher for a 35% discount of a single purchase transaction on the Think website. The maximum discount is $52.50.
How to submit a claim for reimbursement
If you’re seeking reimbursement, claims must be submitted online or postmarked no later than April 12, 2023.
You can file a claim online by clicking here. You’ll need to login with your claim number/PIN. If you wish to fill out a standard form and submit it by mail, click here. Once the form is filled out, mail it to the following address:
Dickens et al. v. Thinx Inc.
Settlement Administrator
P.O. Box 3689
Portland, OR 97208-3689
How to Sue Thinx in small claims court
If you’re currently suing Thinx in another lawsuit or want to keep your options open to suing in the future, you can opt out of the lawsuit. Doing so, though, will exclude you from receiving any settlement in this claim now or in the future.
Another option is filing a lawsuit in Small Claims Court, which is typically quicker and cheaper than some of the other legal options. The entire process usually takes about 2 to 3 months. You can use getdispute.com to generate the small claims case paperwork online.
Consider contacting an attorney for advice if you are uneasy about filing a lawsuit in small claims court or are unsure how the process works.
