
Lululemon Texas settlement overview:
- Who: The state of Texas reached an agreement with Lululemon USA Inc., doing business as Lululemon.
- Why: The agreement resolves the state’s investigation into whether Lululemon misled consumers about the potential presence of per- and polyfluoroalkyl substances (PFAS) in its products.
- Where: The Lululemon agreement was filed in Texas state court.
Texas has resolved its investigation into whether Lululemon’s athletic wear contains PFAS or “forever chemicals,” with the company agreeing to keep holding its suppliers to its chemical safety rules.
Texas Attorney General Ken Paxton’s office filed the agreement for administrative record-keeping in a Collin County district court on Oct. 19. The deal is an assurance of voluntary compliance, which settles disputed claims between the state and the company without lengthy litigation.
Paxton launched the probe in April to determine whether Lululemon misled consumers about the safety, quality and health impacts of its products, including the potential presence of PFAS.
PFAS chemicals are often found in synthetic materials like those used in the Lululemon products in question. They have been linked to potential health concerns, such as cancer, infertility and endocrine disruption, according to the Attorney General’s Office.
“I will not allow corporations to put the health and safety of Texans at risk by using potentially harmful chemicals in their clothing,” Paxton said in a press release.
Under the Lululemon Texas settlement, the company will continue to require vendors to prove their materials comply with its Restricted Substances List (RSL). The list bans certain chemicals or caps them at set limits. Vendors can prove compliance through testing reports from a Lululemon-designated laboratory or through valid third-party certifications.
If a vendor’s certification expires or is not renewed, Lululemon must require lab testing of that vendor’s materials. The company’s designated lab must also confirm any certification submitted in place of testing, and Lululemon must take commercially reasonable steps to enforce vendor RSL compliance.
State review found no PFAS in Lululemon products or materials
The agreement shows that the state’s formal allegations centered on missing paperwork rather than contamination.
“The state alleges that, during the relevant time period, Lululemon failed to collect and maintain signed RSL Certificates of Acknowledgement from two vendors for one edition of the RSL,” the agreement says. Those documents, in which suppliers agree to follow the list, have since been signed.
After reviewing documents Lululemon provided in response to a March 26 civil investigative demand, the state did not identify PFAS in the company’s products or materials. In a statement, Lululemon said the deal includes no admission of wrongdoing or liability and no financial penalty, as reported by Law360.
The agreement releases the state’s claims based on the investigation. It also gives Lululemon 60 days to cure any alleged noncompliance before the state can take enforcement action. The company’s obligations will remain in place for three years.
Texas has stated that it intends to continue its probe into major childrenโs clothing brands, such as Hanes and Fruit of the Loom, to ensure that their products do not contain harmful materials.
In other news, Lululemon is currently facing a class action lawsuit over claims it refused to refund payments customers made on unlawful tariffs after it applied for a government rebate.
What do you think of the Lululemon Texas settlement? Let us know in the comments.
The state is represented by Madison Reightler of the Texas Attorney General’s Office.
The Lululemon Assurance of Voluntary Compliance is Texas v. Lululemon USA Inc., Case No. 380-08492-2026, in the 380th District Court of Collin County, Texas.
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