AG Ken Paxton Investigates Lululemon For Potentially Misleading Consumers About PFAS In Its Products

Texas Attorney General Ken Paxton has launched an investigation into Lululemon, the popular sportswear company, to determine whether it has misled consumers about the safety, quality, and health impacts of its products. Specifically, Paxton said there is increased research and consumer concerns about the potential presence of PFAS, or forever chemicals that are associated with endocrine disruption, infertility, cancer, and other health issues.

PFAS is often used in athletic apparel to provide water-, sweat-, and stain-resistant, as well as breathable, properties. Lululemon has faced criticism in the past for selling clothing items with detectable levels of PFAS, but the company states it phased out PFAS in fiscal year 2023, which was only used in a small percentage of its products. In the 2024 report, Lululemon also affirmed its stance and promised to “prioritize efforts to help prevent the unintentional reintroduction of PFAS” into its products.

AG Paxton issued a Civil Investigative Demand (CID), and the investigation will include a review of Lululemon’s Restricted Substances List, testing protocols, and supply chain practices.

“Americans should not have to worry if they are being deceived when trying to make healthy choices for themselves and their families,” said Attorney General Paxton. “I will not allow any corporation to sell harmful, toxic materials to consumers at a premium price under the guise of wellness and sustainability. If Lululemon has violated Texas law, it will be held accountable.”

Lululemon issued a statement following Paxton’s announcement of an investigation, stating that it stopped using PFAS in 2023. The statement added, “The health and safety of our guests is paramount, and our products meet or exceed global regulatory, safety, and quality standards. We require all our vendors to regularly conduct testing for restricted substances, including PFAS, by credible third-party agencies to confirm ongoing compliance.”

Lululemon directed people to read about its policies, including its requirement for suppliers to comply with the Restricted Substances List. The company said the RSL is “regularly monitored and updated to incorporate changes in manufacturing chemistry, government regulations, industry best practices, and scientific knowledge.

A 2021 Mamavation study found that 25% of tested Lululemon yoga pants and leggings had detectable levels of PFAS. Pairs with detectable levels ranged from 10 ppm to 284 ppm of fluorine, a precursor compound to PFAS. The pants and leggings were tested in the crotch area, which is concerning, as the PFAS may reduce infertility by up to 40% according to a 2023 Mount Sinai study. Mamavation notes that there are 9,000+ PFAS chemicals, but there are currently only methods to test for a couple of dozen of the chemicals.

There is currently no federal PFAS restriction on clothing, but New York and California have both passed laws banning the intentional addition of PFAS to clothing. Since there has been no federal or state regulation, the Paxton investigation is specifically looking to determine whether Lululemon makes false claims about the safety and health impacts of its products. PFAS can be in many products unintentionally, so the investigation will determine whether the company is conducting the thorough due diligence it claims in the supply chain to ensure there are no PFAS in the materials it sources for its products.

Thinx, a brand that manufactures period underwear for women, paid a $5 million lawsuit settlement in 2023 after PFAS was detected in 2020 when a reporter independently sent some pairs of the underwear to a laboratory. Thinx claimed that it rigorously tested its products to ensure they were free of harmful chemicals. As part of the settlement, the company had to revise some of its marketing language and take additional steps to ensure that PFAS is not intentionally added to the product at any point in the supply chain. Thinx denied all allegations in the lawsuit, including claims that it intentionally added chemicals to create the moisture-wicking and leak-resisting qualities.

HHS Secretary Robert F. Kennedy Jr. has warned about increasing infertility and the declining birth rate. He said that the fertility rate was 3.5% in the early 60s when John F. Kennedy served as president. Now, Secretary Kennedy said the rate is 1.6%, which is below the replacement rate of 2.1%. Secretary Kennedy said this is an issue of national security.

There are other endocrine-disrupting chemicals, such as phthalates, in other household products, including dryer sheets and detergents used to wash clothing. These chemicals are linked to infertility and are used to wash clothes that touch people’s skin on a daily basis.

The National Resources Defense Council (NRDC) is widely used in clothing,, and consumers should assume that anything labeled as waterproof, stain-repellant, or dirt-repellant contains forever chemicals.

“The functionality that PFAS provides—a more stain-resistant coat or more breathable yet water-resistant gym shorts—is not necessary and certainly not worth the health risks,” says Sujatha Bergen, a coauthor of an NRDC report about PFAS. “We lived just fine without these chemicals before, and brands could phase them out quickly if they chose to.”

The NRDC warns of manipulative labels that say PFOA-free or PFOS-free, because these are just two specific types of PFAS chemicals that are already eliminated from US production. One resource for consumers to protect themselves against PFAS chemicals is PFAS Central, which provides a list of PFAS-free brands for different types of clothing and other household items.