Lululemon and Texas have struck a deal following the state’s investigation into the presence of so-called “forever chemicals” in the brand’s activewear, which the state said could undercut its wellness-focused messaging and mislead consumers.
Texas Attorney General Ken Paxton announced Thursday that the Vancouver-based company signed an Assurance of Voluntary Compliance, ending a probe that began in April.
In a statement published on its website, Lululemon said the state did not identify per- and polyfluoroalkyl substances, or PFAS, in its products and materials during the review. The company said it phased out PFAS in 2023 and provided requested documentation, including third-party laboratory testing reports.
The agreement, Lululemon added, 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,” it said. “Lululemon does not use PFAS in its products.”
Paxton said the three-year agreement requires Lululemon to maintain rigorous chemical safety standards and oversight of materials used in its products, including mandating that vendors demonstrate compliance with the brand’s Restricted Substances List through independent laboratory testing or valid third-party certifications.
Lululemon must also verify the validity of certifications, require additional testing when they expire and take “commercially reasonable” corrective action to address vendor noncompliance.
“I will not allow corporations to put the health and safety of Texans at risk by using potentially harmful chemicals in their clothing,” Paxton, who has closely aligned his U.S. Senate campaign with the Make America Healthy Again movement, said in a statement. “This agreement ensures that Lululemon remains accountable for enforcing its chemical safety standards and provides additional protections for Texans against potentially harmful chemicals.”
Paxton said he will continue to monitor Lululemon and ensure what he described as adequate material testing” to protect consumers. His office is currently investigating Hanes and Fruit of the Loom over the potential presence of toxic chemicals in materials used in children’s underwear.