Gore-Tex Sued For Greenwashing Over PFAS in Outdoor Gear
With consumer awareness of the environmental and health impacts of per- and polyfluoroalkyl substances (PFAS) growing, many companies have eliminated the chemicals commonly used for water- and stain-resistance from their products. W.L. Gore and Associates, maker of outdoor gear brand Gore-Tex, has become the subject of some of that consumer ire, with a class-action lawsuit filed against the company for allegedly concealing its ongoing use of PFAS.
The suit, which was filed earlier this month in U.S. District Court for the Eastern District of Washington, accuses Gore-Tex of continuing to use PFAS in its waterproof jackets, shoes, clothing and other products while claiming to be 'committed to sustainability' and 'environmentally sound.' The complaint deemed these statements, along with Gore-Tex's claim that its laminates were 'PFC-free' and provided 'responsible performance' as greenwashing and misleading to the public.
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'Gore's greenwashing campaign misleads the public by purporting to be highly committed to environmental responsibility and at the forefront of sustainable manufacturing processes,' the lawsuit said. 'But, in truth, Gore continues to produce Gore-Tex Fabric using PFAS.'
PFAS are often referred to as 'forever chemicals' due to their persistence and inability to break down in the environment. PFAS refers to a large class of thousands of chemicals, some of which have been deemed harmful to humans and the environment. They've been linked to cancer, reproductive problems and immune system damage. A study published last year by Environment International found that PFAS chemicals can be absorbed through the skin and enter the bloodstream, something that was previously thought to be unlikely.
According to the lawsuit, Gore-Tex announced in 2021 that is had developed a new membrane that uses expanded polyethylene, which is not PFAS. The company intended to use this new membrane to replace PFAS in its products. Gore-Tex also announced that it developed a new durable waterproof treatment that does not contain PFAS.
The lawsuit claims that Gore-Tex only uses those PFAS-free materials in its next-generation products, and the company continues to use PFAS in its manufacturing and certain products. The complaint goes on to claim that the PFAS on Gore-Tex products sheds during ordinary use, causing consumers wearing their gear outdoors to inadvertently contaminate the environment.
'We believe that the nature-loving consumers buying Gore-Tex products have been hit where it hurts most. They were misled about the environmental impacts of the outdoor gear they purchased,' said Steve Berman, managing partner at Hagens Berman, the law firm representing the suit. 'Gore knew that its customers wouldn't purchase products that could be linked to contaminated water supplies, and so Gore orchestrated a greenwashing campaign to cover up the impacts of its products.'
The class-action lawsuit includes claims of fraudulent concealment, unfair trade practices, deceptive trade and violations of state consumer protection laws. The complaint seeks injunctive relief from the court to force Gore to make accurate corrective disclosures, and also seeks monetary repayment for restitution and/or loss of value of the products purchased due to Gore's alleged misleading statements.
Hagens Berman has pursued similar suits in the past, including a $14.7-billion settlement from Volkswagen for diesel emissions fraud and a case that led to the creation of a water filtration project for communities whose water was contaminated by Dole Food Company. The firm is seeking consumers who purchased Gore-Tex products between 2018 and 2024 to participate in the suit.
'We seek to represent anyone who unknowingly purchased Gore-Tex gear believing Gore's promises of 'performance for the planet,'' Berman said. 'We believe what Gore tells its customers is untrue.'
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