Texas Attorney General Ken Paxton is investigating the U.S. arm of Lululemon over the potential presence of per- and polyfluoroalkyl substances—popularly known as PFAS or “forever chemicals”—in the athleticwear giant’s products, which could run counter to its wellness-focused messaging and mislead consumers in the process.
Paxton said in a press release Monday that while the Vancouver-based firm promotes itself as a health-conscious lifestyle brand that emphasizes sustainability, “emerging research and consumer concerns” have raised questions about environmentally persistent chemical compounds in Lululemon’s apparel that may be linked to endocrine disruption, infertility, cancer and other health issues.
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“Americans should not have to worry if they are being deceived when trying to make healthy choices for themselves and their families,” he said following the issuance of a Civil Investigative Demand. “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.”
Besides examining whether Lululemon’s products contain PFAS that consumers would not expect, Paxton’s office will also review its Restricted Substances List, testing protocols and supply chain practices to determine whether the company’s products comply with the safety standards it touts.
A Lululemon spokesperson said the yogawear maker is aware of the inquiry and will cooperate with investigators by providing the requested documentation.
The company denied that it used PFAS, however, saying it phased out the substance—which had been used in durable water-repellent products in a small percentage of its assortment—in fiscal year 2023.
“The health and safety of our guests is paramount, and our products meet or exceed global regulatory, safety and quality standards,” the spokesperson wrote in an email. “We require all our vendors to regularly conduct testing for restricted substances, including PFAS, by credible third-party agencies to confirm ongoing compliance.”
More information about Lululemon’s policies, including its Restricted Substances program, is publicly available on its website, the retailer added.
Lululemon’s scrutiny extends beyond regulators. Earlier this month, environmental watchdog Action Speaks Louder and “creative climate studio” Serious People lampooned the company with a “deliberate, shameless” dupe called Mumumelon meant to highlight the disconnect between its ambitious net-zero goals and continued reliance on coal-powered factories.
“Lululemon sells you wellness and harmony in yoga pants, and then burns coal to make them,” said Oli Frost, Serious People’s co-founder and creative director and Mumumelon’s “chief counterfeit officer,” at the launch of a pop-up in London’s Marylebone neighborhood “We might have launched a fake brand, but they’re the ones faking it.”
Still, Lululemon isn’t the only fashion company in Paxton’s sights. In December, the attorney general said he was probing Shein for the possible sale of unsafe consumer products, citing Health Secretary Robert F. Kennedy Jr.’s “Make America Healthy Again” movement as a driver.
“Safe, non-toxic material and products are another key ingredient to the Make America Healthy Again movement. Any company that cuts corners on labor standards or product safety, especially those operating in foreign nations like China, will be held accountable,” he said at the time. “Texans deserve to know that the companies they buy from are ethical, safe, transparent, and not exploiting workers or selling harmful products. I will not allow cheap, dangerous, foreign goods to flood America and jeopardize our health.”
