Attorneys Seek $1.5 Million for Period Underwear PFAS Settlement

Attorneys representing consumers who sued Thinx Inc. over PFAS in absorbent period underwear seek nearly $1.5 million in fees for their work on a nationwide class settlement that includes a $5 million fund and efforts to keep the harmful chemicals out of the products.

Nicole Dickens and others alleged that Thinx deceptively marketed the products as safe, sustainable, and free of harmful chemicals despite the presence of per- and polyfluoroalkyl substances, part of a group of “forever chemicals” known to harm humans and the environment.

Judge Jesse M. Furman of the US District Court for the Southern District of New York preliminarily approved the settlement last November. It would resolve an early suit concerning PFAS in clothing and other consumer products. The chemicals make textiles water- and stain-resistant. Similar litigation is pending against other companies.

The settlement covers natural persons who bought Thinx period underwear after Nov. 12, 2016.

Class members with proof of purchase may choose a cash payment up to $21; those lacking substantiation are eligible for up to $10.50. Alternatively, class members may claim a voucher for 35% off a future purchase, up to a $52.50 discount.

Additionally, Thinx has affirmed that it will continue to take measures it implemented after lawsuits were filed, to help ensure that PFAS aren’t intentionally added to the products, the motion said.

The attorneys’ requested fee is slightly more than 29% of the $5 million fund, within the range of fee awards, they said. The figure is 1.87 multiplier of their nearly $778,000 lodestar—their time on the case multiplied by hourly rates.

This is appropriate given the significant monetary and non-monetary benefits to the class, they said in their Feb. 24 filing.

The plaintiffs seek service payments of $2,500 to each of the five class representatives, for a total of $12,500.

Other Litigation

Other clothing makers also face litigation.

Knix Wear Inc. seeks to dismiss a similar suit over period underwear, in a California federal court. Recreational Equipment Inc. recently asked a federal court in Washington to throw out a proposed class suit alleging it misleadingly markets rainwear as sustainable despite PFAS.

A mother who alleged Artsana USA Inc. deceived consumers about the presence of flame retardants and PFAS in certain Chicco kids’ car seats voluntarily dropped her proposed class action late last year, shortly after a Pennsylvania federal court said the first complaint didn’t plead a viable claim.

Milberg Coleman Bryson Phillips Grossman PLLC represents the plaintiffs. Morrison & Foerster LLP represents Thinx.

The case is Dickens v. Thinx, Inc., S.D.N.Y., No. 1:22-cv-04286, motion for attorneys’ fees 2/24/23.