The Fashion Brand’s Guide to Getting PFAS Out of Your Product

When Earth Day was founded, DDT was the scary, ubiquitous chemical impacting wildlife and humans. Today, it’s PFAS that is the most persistent, widespread, carcinogenic, and reproductive toxic chemical that is still legal to dump in waterways and use in consumer products. It’s past time to get it out of our fashion, but it’s a confusing topic! So to commemorate Earth Day this year, we’re releasing a guide for fashion entrepreneurs and sustainability managers that will help you get PFAS out of your collection.

In early 2020, Thinx was the most popular brand in an emerging category: period panties. Meant to function like washable and reusable menstrual pads and underwear all in one, period panties were marketed as non-toxic, organic, and sustainable. They were the safe and eco-friendly alternative to tampons, which had been under scrutiny for containing unlisted hazardous substances and (if not used properly) leading to Toxic Shock Syndrome. Today, Thinx has been gutted by layoffs and the remaining employees are being absorbed into Kimberly-Clark, which bought Thinx in 2022. And its downfall can be at least partically attributed to mishandling PFAS in its panties.

Caught With Forever Chemicals

In the 2010s, evidence was accumulating linking the class of chemicals to a variety of cancers, reproductive disease, miscarriage, infertility, hormonal disruption, and weight fluctuations, to name just a few things.

These chemicals don’t ever break down or go away. Once created, they flake off our clothes into our home, wash off our laundry and flow into our water systems, shed into formerly pristine wilderness snow, accumulate in wildlife and in our own bodies, and travel to the farthest reaches of the planet. They’ve been found in the blood of the remotest First Nation communities in Canada.

In fact, you have some in your blood right now! But where is it from? Is it from contaminated drinking water, or from takeout containers and food wrappers? Or is it from something more… intimate?

In late 2019, a Sierra Club reporter, knowing that PFAS is used to provide water and stain repellency, mailed some Thinx and Lunapad underwear to Dr. Graham Peaslee, the researcher who found PFAS in fast food packaging. He and his students tested the period panties and found total fluorine (an indication of PFAS) of 3,624 parts per million and 2,053 parts per million in two different panties from the brand. The reporter shared the results in an article, setting off a huge public relations nightmare for Thinx.

Thinx seemed to be caught completely off guard by these test results. Thinx’s period panties were certified by Oeko-Tex, the gold standard in apparel toxicity certification. The CEO posted a blog post saying so, and solicited a statement from a toxicologist at a for-profit testing company, Intertek, who erroneously said that Dr. Peaslee’s test only tested for the fluoride (it was fluorine) a benign element in toothpaste.

That did not stop multiple consumers from bringing a lawsuit against Thinx, alleging that some customers developed irregular menstrual cycles, urinary tract and yeast infections, and unexplained infertility. In response to the lawsuits, Thinx said it did nothing “improper or unlawful” and that PFAS “are not intentionally added to Thinx Period Underwear at any stage of production.”

More evidence emerged that PFAS can migrate from your clothing to your skin, though more research is needed to confirm how much PFAS can be absorbed into the skin.  According to a 2022 study in Environmental Science & Technology, on average, children wearing stain-resistant school uniforms treated with PFAS would be exposed to 1.03 parts per billion of PFAS per kilogram of their body weight per day through their skin.

In 2022, Thinx settled a class action lawsuit for $5 million without admitting fault. In a statement to the New York Times, Thinx said, “PFAS has never been part of our product design” and it would take measures to ensure the chemicals are not “added to our products.”

But it’s not just Thinx. In early 2023, the New York Times asked Dr. Peaslee to test 44 period products for PFAS. Nearly half of the products had high enough fluorine indicating unintentional contamination. Eight had high enough fluorine to indicate intentional addition, including two period panties. One marketed itself as PFAS-free, and the other was supposed to be free of PFOA and PFOS, two types of PFAS that Oeko-Tex tests for and that major U.S. manufacturers had promised to phase out. (The Thinx underwear tested the lowest for PFAS.) The New York Times did not reveal which period panty brands had high levels of PFAS. Instead, it told readers to choose silicone cups if possible.

So what happened?

It’s true that Thinx did nothing illegal. PFAS is legal to add to adult clothing in the United States. But the lawsuits weren’t about legality, they were about false marketing. Thinx said its products were non-toxic, and they weren’t.

Why did Oeko-Tex and Dr. Peaslee find different results? They were using different tests. The EPA has identified, so far, over 15,000 types of PFAS. Oeko-Tex, the certification that brands use to prove their products are non-toxic, at the time tested for chemicals one by one, so it only tested for about a dozen of the most common and toxic types of PFAS. The certification also allowed for certain types of PFAS for certain applications. (Oeko-Tex changed that policy at the beginning of 2023 to ban all types of PFAS.)

Dr. Graham Peaslee, on the other hand, uses a test called PIGE to test for total fluorine. Fluorine itself is not toxic, it’s true. But, there’s little reason for this element to be in clothing in such high amounts, unless it’s per- and polyfluoroalkyl substances for stain and water performance. (The same is not true for makeup — fluorine could indicate the presence of mica added for sparkle.) Many advocacy organizations have had clothing tested for total fluorine first, and if samples have over a certain amount, they will send it off for further testing to figure out which types of PFAS might be in there. The Thinx panties weren’t sent for further testing as far as I know. But 3,624 parts per million and 2,053 parts per million is a lot of fluorine. There’s no other reason for it to be there except for stain-proofing the crotch and making it more water-repellent.

How did PFAS make it into Thinx underwear? Thinx claims PFAS was never “intentionally added.” That could mean one of two things. One interpretation is that Thinx itself never instructed its suppliers to add PFAS. Maybe an Oeko-Tex-certified fabric supplier looked at Thinx’s requested performance attributes — stain-resistant and water-resistant period panties — and added a type or several types of PFAS that are not listed in the Oeko-Tex restricted substance list without sharing this information with Thinx. Or, it could mean that none of the suppliers intentionally added PFAS and it was accidental contamination.

That is unlikely, however. There is PFAS contamination everywhere — n our drinking water, in freshwater fish, in “natural” orange juice, and even in our rain. But that should leave less than 100 ppm on underwear, 20 times less than what Peaslee’s test found. The only way that level of accidental contamination could be possible is if the wet processing facility that dyed and finished the panty fabric was using highly contaminated water.

Why You Need to Get a Handle on PFAS Contamination in Your Brand. Now.

If you are marketing your brand as “clean,” “natural,” “eco-friendly,” “non-toxic,” or similar, or you’re selling children’s clothing, but you haven’t ensured your products are free of PFAS, you’re at risk of some serious reputational damage.

You’re also at risk of a greenwashing or false advertising lawsuit should someone discover PFAS in your product. In fact, there have been some settlements in California around Prop 65, because some companies were caught selling products containing PFOS, PFOA, or PFNA without labeling them. (Prop 65 only applies to companies with 10 or more employees.) Children’s Place was also sued because a mother had its uniforms tested for PFAS and alleged that Children’s Place didn’t disclose the presence of PFAS. (The lawsuit was dismissed – the judge ruled Children’s Place didn’t promise the clothes were free of PFAS.)

In any case, it’s soon going to be illegal to sell clothing with high levels of PFAS in California and New York even if you do label them. California has banned the sale of any textile articles containing over 100 ppm of PFAS from January 1, 2025. Apparel for severe wet conditions can be sold until January 2028. The California attorney general stated that his office may seek civil penalties, restitution, injunctive relief, or criminal liability for violations.

How to Ensure Your Products Are Free of PFAS

Founded in 2003, Keen is a family-owned outdoor shoe company that makes hiking boots, sneakers, and sandals and is founded on sustainability and doing good. In 2014, it discovered that some of its shoes had PFAS, and became one of the first companies to publicly take a stance against PFAS.

It took the company, which has 300 employees, four years and over 10,000 hours to figure out where PFAS was in its supply chain, find safer alternatives, eliminate them, and test its products to guarantee the PFAS was gone. Keen even hired a full-time chemist.

Fortunately, you don’t need to reinvent the wheel. Keen first started sharing its journey in 2020, and since then has continued to update its information on the topic, especially as legislation has been passed in California and New York. You can download Keen’s open-source guide to eliminating PFAS from its website.

However, some of this advice is not relevant for a small brand with less than a dozen employees. So here is what you can do even if you’re a solo fashion founder:

1. Adopt the Afirm Group restricted substance list (RSL) for your products and ensure your direct suppliers have a copy. Ask them if they’ve seen it before and confirm that they understand it.
2. Do an audit of all the components used in your products, including fabrics, trims, packaging, and packing receipts — PFAS could show up in any of these things. Try to find out as much information as you can about all these components, including the name of their manufacturer. Put it all in a spreadsheet. The most important thing is to find out the dyehouses that dye and finish your fabrics.
3. Ask all suppliers about their PFAS policy. Ideally, they are certified by Oeko-Tex or bluesign, and only use ZDHC- or Oeko-Tex-compliant chemical products. They shouldn’t allow any fluorinated chemistry inside their walls, even for other brands.
4. Require new and existing suppliers to send material samples to third-party laboratories to confirm they pass your standards. Suppliers pay for these tests. Don’t do business with any supplier who won’t provide proof of being PFAS-free.
5. If, as a tiny brand, you’re having trouble getting straight answers or you’re looking for new suppliers, ask suppliers what other brands it works with and check to see if those brands are a part of Afirm Group or ZDHC. If the other brands are, this is another green flag.
6. If there are any water or stain-repellent coatings in your products, find out the name and manufacturer of that coating. You’re looking for coatings that are “PFAS-free” or “per-fluorinated chemistry-free.” PFOA and PFOS-free, or long-chain-free are not good enough. If you’re selling raincoats, outdoor gear, or period panties, you can find alternatives for areas where stain or water resistance is needed. There are currently many hydrocarbon resins and plant-based compounds available on the market by 3M, Rudolf Group, and more. They do cost a little bit more, FYI.
7. Have random finished products tested to ensure nothing was added during the assembly/manufacturing/shipping processes. Create a budget for third-party verified compliance. As a small brand, you should plan on spending a few thousand dollars a year.

This whole process might take you more than a year. So if you’re feeling overwhelmed or on a tiny budget, start with the fabrics that are worn next to the skin, and save for last the tiny trims on outerwear and shoes.

Hopefully, this has cleared up some confusion for you and given you a roadmap to stress-free marketing of your eco-friendly brand!