A Texas civil probe into Lululemon’s use of PFAS in activewear raises questions that go beyond one brand — as state-level enforcement expands into apparel, the entire sector faces tighter scrutiny on chemical transparency and wellness marketing claims.
Texas Attorney General Ken Paxton has issued a Civil Investigative Demand (CID) to Lululemon Athletica, opening a formal inquiry into whether the Canadian activewear brand’s products contain PFAS (per- and polyfluoroalkyl substances) and whether its wellness-focused marketing may have misled consumers about product safety.
The probe, announced April 13, will examine whether Lululemon’s product chemistry aligns with its public sustainability and wellness claims. Investigators plan to review the company’s restricted substances list, internal testing protocols and supply chain practices.
Lululemon says it already phased PFAS out
The company is cooperating with the inquiry but disputes its underlying premise. PFAS were removed from Lululemon’s product range by the end of FY23 (early 2024), where they had previously been used in durable water repellent (DWR) treatments applied to a small proportion of the assortment. The company requires all vendors to conduct regular third-party testing for restricted substances including PFAS.
The investigation centers on a consumer-protection argument: that shoppers purchasing Lululemon apparel on the basis of its health and sustainability messaging may not have been aware of what the clothing actually contained.
What PFAS are and why they persist
PFAS are a broad family of synthetic compounds whose carbon-fluorine bonds make them exceptionally resistant to heat, water, oil and biological breakdown. Developed from the mid-20th century onward, they appear across a wide range of industrial and consumer goods — from non-stick cookware and food packaging to firefighting foam and, in textiles, the water-repellent coatings widely used in technical outerwear and activewear.
Because they do not degrade in the environment or the human body, PFAS accumulate over time, earning the label “forever chemicals.”
Prolonged exposure has been linked in scientific literature to elevated cholesterol, reduced immune response, liver damage, developmental effects in children and certain cancers, including kidney disease. In Texas, state officials have identified PFAS contamination in nearly 50 public water systems.
Why the case matters for the wider industry
The Lululemon investigation extends a pattern of state-level enforcement moving from industrial applications into consumer product categories. Paxton’s office filed suit in 2024 against chemical manufacturers 3M and DuPont over alleged misrepresentations regarding PFAS safety in household products.
For the sporting goods and activewear sector, the read-across is direct. Brands whose commercial positioning rests on wellness, health and sustainability carry elevated exposure when product composition does not match marketing claims — regardless of whether chemical treatments are applied at brand level or further down the supply chain. The case also brings fresh attention to DWR treatments, which have been a live compliance issue across outdoor and performance apparel for several years.
