UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

If you bought Knix Products between January 1, 2020 and December 31, 2022, a class action Settlement may affect your rights.

Knix Products include: Knix leakproof and super leakproof underwear, and KnixTeen leakproof underwear, super leakproof underwear, leakproof tights, leakproof swim and reusable pads.

A Federal Court authorized this Notice. You are not being sued. This is not a solicitation from a lawyer.

• Please read this Notice carefully, which has been approved by the United States District Court for the Southern District of New York. Whether you act or not, your legal rights as a member of the Settlement Class are affected by the Settlement.
• A Settlement has been reached in a class action lawsuit called Spencer, et al. v. Knix Wear Inc., No. 1:23-cv-07823 (JLR), pending in the U.S. District Court for the Southern District of New York. The lawsuit involves Knix leakproof and super leakproof underwear, leakproof tights, leakproof swim and reusable pads (the “Knix Products”). The lawsuit alleges that Knix, relying on independent testing, made misrepresentations and/or omissions in its marketing materials and elsewhere regarding the Products, including by representing that the Products were 100% free of per- and polyfluoroalkyl substances (“PFAS”), fluorine and toxic chemicals. According to Plaintiffs, certain samples of select products tested by the Plaintiff’s counsel contained PFAS in amounts that are detectable using more sensitive testing methods with lower detection limits than those used by Knix’s independent third-party testing labs. The lawsuit involves allegations regarding Knix’s marketing statements; it does not involve (i) allegations that any Products are unsafe and/or cause injuries, (ii) that Knix intentionally added PFAS to its products, or (iii) that the amounts allegedly detected in certain samples by Plaintiffs’ counsel are likely to cause injury. No Plaintiff has alleged that any of Knix’s products caused personal injuries.
• You are included in the Settlement Class if you purchased any of the Knix Products listed above in the United States, its territories, and/or the District of Columbia between January 1, 2020 and December 31, 2022.
• If the Court approves the Settlement, Knix will pay $1.4 million into a cash fund and may pay up to an additional $600,000, if needed, to pay valid claims. Settlement Class Members who submit valid claims are eligible to receive cash reimbursement for a portion of past purchases of up to three Knix Products. You must submit a claim to receive a payment. Claim Forms are available online at www.knixmarketingsettlement.com or by calling 1-877-392-0141.
• Plaintiffs maintain all of the allegations in their complaint, which is available for review at www.knixmarketingsettlement.com.
• Knix denies all of the allegations made in the lawsuit and denies that it did anything improper or unlawful, and the proposed Settlement is not an admission of guilt or wrongdoing of any kind by Knix. Rather, Knix has agreed to the Settlement so that the company can speak openly and transparently with its community regarding this complex and ever-changing area of science and provide its customers with up-to-date information as they continue to make informed decisions. Knix stands behind the safety of its products and the transparency of its testing disclosures. Knix made the PFAS-related representations at issue based on multiple rounds of independent testing that did not detect PFAS in the samples tested (results of which were posted on Knix’s website), as well as its knowledge of its manufacturing processes and the materials used in its products. Knix does not concede that Plaintiffs’ test results demonstrate the presence of PFAS in any samples of Knix’s products, and Knix contends that the amounts Plaintiffs claim to have detected in certain samples are trace amounts at or near the limit of what is currently detectable in fabrics using the most sensitive testing methods available. Knix maintains that the trace amounts Plaintiffs claim to have detected may be the result of contamination during the testing or sampling process or interference from other substances and, in any event, those trace amounts do not suggest the intentional addition of PFAS to any product. Knix has taken, and will continue to take, measures to test and monitor its products for PFAS and transparently share those results with consumers.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM AND PARTICIPATE IN THE SETTLEMENT	Submit a Claim Form on or before March 11, 2024. This is the only way to get a payment from the Settlement. By receiving a payment, you will give up rights and be bound by the Settlement.
EXCLUDE YOURSELF	You will receive no payment, but you will retain any right you currently have to sue Knix about the issues covered by the Settlement. This is the only option that allows you to keep your right to bring any other claim against Knix released by the Settlement.
OBJECT	Write to the Court explaining why you don’t like the Settlement.
DO NOTHING	If you do nothing, you will not receive anything from the Settlement. You will be bound by the terms of the Settlement and you won’t be able to sue Knix in a future lawsuit about any claim released by the Settlement.

• These rights and options—and the deadlines to exercise them—are explained in this Notice.
• The Court in charge of this case still has to decide whether to approve the Settlement. Payments will be provided only after the Settlement is approved. If approval is denied, is reversed on appeal, or does not become final, the case will continue, and no payments will be made. Please be patient.