Texas Probes Lululemon for Alleged ‘Forever Chemicals’ Use

The Texas attorney general’s office is investigating Lululemon Athletica Inc.’s apparel for the presence of so-called “forever chemicals,” which have been linked to health problems.

“Emerging research and consumer concerns have raised questions about the potential presence of certain synthetic materials and chemical compounds in their apparel,” the office of Texas Attorney General Ken Paxton said in a statement. The probe “will examine whether Lululemon’s athletic apparel contains PFAS or ‘forever chemicals’ that their health-conscious customers would not expect based on the brand’s marketing.”

Lululemon is cooperating with the Texas attorney general’s inquiry and providing documents, a spokesperson said in an email, adding the company phased out the use of PFAS in fiscal 2023.

“The health and safety of our guests is paramount, and our products meet or exceed global regulatory, safety, and quality standards,” a company spokesperson said in an email. The company said that it requires all vendors to regularly test for restricted substances including PFAS to confirm ongoing compliance.

Lululemon shares declined 0.5% at 1:50 p.m. in New York trading, erasing most of an earlier decline.

Paxton’s investigation creates another headache for Lululemon, which has slumped in the stock market as sales growth tapers off, quality issues resurface and the founder advocates for a board overhaul. The company is currently operating without a permanent chief executive officer as it searches for a replacement.

Polyfluoroalkyl chemicals, known as PFAS, are used in hundreds of products that are slippery, non-stick or stain-resistant and have been linked in studies to health problems like cancer and poor immune health. The National Library of Medicine, which tracks published research globally, identifies only two studies that deal with textiles and health issues tied to endocrine disruption.

The Texas probe underscores the risk for apparel companies as the use of PFAS continues to attract attention. Paxton is already suing Chinese fast-fashion company Shein, claiming its products have chemicals such as PFAS that violate U.S. safety standards.

PFAS manufacturers have long been the target of litigation related to their presence in groundwater and exposure to firefighting foam. But more recently that has expanded to plaintiffs targeting consumer product makers, alleging the companies fail to disclose on their packaging the presence of PFAS.

Paxton has initiated a series of investigations in line with the Make America Healthy Again agenda led by Health and Human Services Secretary Robert F. Kennedy Jr. Last April, Paxton said he was investigating Froot Loops-maker WK Kellogg Co. over its inclusion of artificial food colorings. The company, which is now owned by Ferrero International SA, said in July it would eliminate synthetic dyes by the end of 2027.

Paxton, who is running for the Republican nomination for U.S. Senate in a heated race against incumbent John Cornyn, has also been investigating toothpaste companies he has said are encouraging children to use greater amounts of fluoride than is thought to be safe. In December, Procter & Gamble Co. said it would modify the amount of Crest toothpaste in its advertisements in Texas to depict age appropriate usage.

Top photo: A Lululemon store in New York, on Thursday, Aug. 22, 2024. Bloomberg.