Set is new w out tags. The swim shorts had the mesh liner in them- but I then cut it out because my son can't stand the way those feel in swim shorts so he always just wears a pair of the dri fit material boxer briefs in his swim shorts. So I had cut the liner out in anticipation and then my son had a growth spurt and thinned out quite a bit. Smoke and pet free. Both are new- but have been machine washed once after purchase. Absolutely no stains- snags- loose threads- signs of wear at all- EXCEPT from the removal of the mesh liner.