Attorney General Ken Paxton announced that Lululemon will be required to protect consumers from harmful chemicals in activewear as part of a settlement with Texas.
Lululemon USA Inc. has agreed to an Assurance of Voluntary Compliance (AVC), Paxton confirmed Thursday.
The AVC requires Lululemon to maintain and enforce chemical safety requirements across its supply chain as well as oversight of materials used in its products.
According to the AVC, Lululemon must also:
- require its vendors to demonstrate compliance with its Restricted Substances List through independent laboratory testing or valid third-party certifications;
- verify the validity of certifications and require additional testing when certifications expire; and
- take commercially reasonable corrective action to address vendor noncompliance.
AVC obligations will be in effect for three years.
“I will not allow corporations to put the health and safety of Texans at risk by using potentially harmful chemicals in their clothing,” said Attorney General Paxton. “This agreement ensures that Lululemon remains accountable for enforcing its chemical safety standards and provides additional protections for Texans against potentially harmful chemicals.”
According to a statement from Lululemon, “The State did not identify ‘per- and polyfluoroalkyl substances’ (PFAS) in lululemon products and materials. The agreement includes no admission of wrongdoing or liability and no financial penalty. The health and safety of lululemon guests is the company’s top priority, and lululemon is confident in the standards and processes it has in place. lululemon does not use PFAS in its products.”
Paxton had begun an investigation earlier this year to determine whether Lululemon misled consumers about the safety, quality, and health impacts of its products.
The investigation examined whether its athletic apparel contained per- and polyfluoroalkyl substances (PFAS) or “forever chemicals,” not expected by health-conscious customers based on the company’s marketing.
PFAS are often found in synthetic materials such as the ones frequently used in Lululemon products of concern. Such substances are linked to cancer, infertility, endocrine disruption, and other serious health issues.
According to the announcement, Paxton will continue to monitor Lululemon’s compliance with chemical safety standards and material testing to protect consumers.
Paxton’s settlement with Lululemon comes amid ongoing investigations into other clothing companies such as Hanes and Fruit of the Loom.
The investigations seek to ensure that the clothing is free from harmful chemicals.
