Updated ,first published
The Texas attorney-general’s office is investigating Lululemon Athletica’s apparel for the presence of so-called “forever chemicals”, which have been linked to health problems and many of which are banned in Australia.
“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 co-operating 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 Lululemon 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.
University of Sydney senior research fellow Nicholas Chartres said a lack of transparency about forever chemicals was a global issue.
“Most people don’t know what’s in products,” Chartres said. “There may be regulation to say certain products shouldn’t have PFAS but there are 15,000 variants. So it’s very difficult to know when PFAS is used in products because there are no requirements to list them all.”
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.
In a 2023 study, 72 samples of outdoor jackets and other waterproof clothes were tested by the International Physical Activity and Environment Network, a group of more than 600 organisations across 130 countries. Forty-six items, or 63.8 per cent, contained or indicated levels of PFAS. Most of these items were marketed to children.
While Australia does not manufacture any PFAS domestically, the chemicals enter the country through a range of imported items, said Jane Bremmer, the chair of lobby group Toxics Free Australia.
Australia is “well behind” other jurisdictions like Europe and the US in legislative reform, Bremmer said.
“We need to regulate the source of the problem, and that’s all the use of these chemicals, whether in food packaging, textiles, pesticides, firefighting foam and other industrial pollution sources.”
There are currently three types of PFAS chemicals that are banned in Australia, meaning importers cannot bring in items that contain those substances, and dozens of others that are in consideration to be banned.
However, the University of Sydney’s Chartres said the ban does not solve the issue of substitution, where a manufacturer swaps a banned chemical for a very similar one.
“The big call for the Australian government is: we should be banning these chemicals as a class,” said Chartres.
The exception might be where a chemical is demonstrated to be essential or life-saving, he added. “But cosmetics, toothpaste, dental floss, athleisure wear – they’re not essential products.”
Lululemon shares fell 1 per cent on Wall Street on Monday in a muted reaction to the investigation.
Paxton’s investigation creates another headache for Lululemon, which has slumped in the sharemarket 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.
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 US 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 is running for the Republican nomination for US Senate in a heated race against incumbent John Cornyn. He 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.
Brisbane-based activewear company Lorna Jane said it conducts ongoing testing to ensure its fabric meets safety and compliance standards.
“Lorna Jane is PFAS-free across all fabrics and fabric treatments,” said a company spokesperson.
Jessica Yun is a business reporter covering retail and food for The Sydney Morning Herald and The Age.Connect via X or email.