Dive Brief:
- Texas Attorney General Ken Paxton has launched a probe into Lululemon over the company’s alleged use of “forever chemicals” or per- and polyfluoroalkyl substances (PFAS) in its activewear products.
- The AG’s office announced the Civil Investigative Demand in a release on Monday. The probe seeks to investigate whether the athletic apparel retailer has committed greenwashing by misleading consumers about the “safety, quality and health impacts” of its products. The components of PFAS break down very slowly over time and exposure to some of these chemicals is linked to harmful health effects, according to the U.S. Environmental Protection Agency.
- However, a Lululemon spokesperson told ESG Dive Thursday that the company does not use PFAS in its products and phased out such substances in 2023. Lululemon’s durable water repellent products previously used PFAS, but the spokesperson said these only made up a small percentage of its inventory.
Dive Insight:
The attorney general’s office said new research and recent consumer concerns raised questions about the potential presence of chemical compounds and synthetic materials in Lululemon’s products that could be linked to serious health issues like cancer and infertility. Paxton’s office said that the use of such materials would stand in sharp contrast to the image of wellness and sustainability Lululemon has curated for itself over the years to attract “health-conscious customers,”
The investigation will also include a thorough review of Lululemon’s list of restricted substances, testing protocols and supply chain operations and management to evaluate whether the athleisure giant’s products comply with its stated safety standards, Paxton’s office said.
“I will not allow any corporation to sell harmful, toxic materials to consumers at a premium price under the guise of wellness and sustainability,” Paxton said in Monday’s release. “If Lululemon has violated Texas law, it will be held accountable.”
Though Lululemon maintains it no longer uses PFAS in its products, a spokesperson told ESG Dive the company is aware of Paxton’s inquiry and is providing the attorney general’s office with all the requested documentation.
“The health and safety of our guests is paramount, and our products meet or exceed global regulatory, safety, and quality standards,” the Lululemon spokesperson added. “We require all our vendors to regularly conduct testing for restricted substances, including PFAS, by credible third-party agencies to confirm ongoing compliance.”
This isn’t the first time the Texas AG has taken legal action against companies over their potential use of harmful chemicals in products. In 2024, Paxton sued chemical manufacturers 3M and DuPont for not disclosing health risks and environmental harms related to their marketing of products that contained PFAS.
