Lululemon under probe by Texas Attorney General over ‘forever chemicals’ in activewear

Lululemon, the Canadian activewear giant, is facing a formal investigation by the Texas Attorney General’s office over the potential presence of harmful synthetic chemicals in its clothing — even as the company says it phased out the substances more than two years ago.

Texas Attorney General Ken Paxton Opens PFAS Investigation Into Lululemon

Texas Attorney General Ken Paxton announced on Monday that his office has launched a formal investigation into Lululemon, the Vancouver-based activewear giant, over the potential presence of PFAS – perfluoroalkyl and polyfluoroalkyl substances — in its athletic clothing. The probe, published on the attorney general’s official website, centres on whether the company’s products contain chemicals that its own wellness-forward marketing would lead consumers to believe are absent.

PFAS, commonly referred to as “forever chemicals,” are synthetic compounds that resist breaking down in the environment and in the human body. Prolonged exposure has been linked in emerging research to a range of serious health conditions, including kidney disease, certain cancers, and low birth weight in newborns.

What Texas AG-led Investigation Will Examine in Lululemon products?

The attorney general’s office has indicated it will scrutinise Lululemon’s restricted substances list, its in-house testing protocols, and its supply chain practices — all with a view to determining whether the company’s products genuinely comply with the safety standards it publicly espouses.

The concern, as framed by Paxton’s office, is one of consumer trust: that shoppers purchasing Lululemon apparel on the strength of its sustainability and wellness messaging may be unaware of what the clothing actually contains.

“Americans should not have to worry if they are being deceived when trying to make healthy choices for themselves and their families,” Paxton said in a statement.

Lululemon’s Response: PFAS Phased Out Since Early 2024

Lululemon did not dispute the existence of the inquiry. In a statement emailed to the Associated Press, the company confirmed it was aware of the investigation and said it was cooperating by providing the requested documentation.

However, the activewear company was categorical in its defence, stating that PFAS had been phased out of its products as of early 2024.

“The health and safety of our guests is paramount, and our products meet or exceed global regulatory, safety, and quality standards,” Lululemon said. “We require all our vendors to regularly conduct testing for restricted substances, including PFAS, by credible third-party agencies to confirm ongoing compliance.”

The company clarified that PFAS had previously been used in durable water repellent treatments applied to a small portion of its product range — not across its broader catalogue.

A Brand Under Pressure on Multiple Fronts

The Texas probe lands at a particularly turbulent moment for Lululemon. The company is currently without a permanent chief executive, following the departure of Calvin McDonald in January amid slowing sales and mounting concerns over product quality. A search for his successor is underway.

The company is also contending with sustained public criticism from its own founder, Chip Wilson, who has been vocal about his dissatisfaction with the brand’s strategic direction and has been pushing for a significant overhaul of its board.

In March, Lululemon’s board moved to address some of that pressure by appointing Chip Bergh — former president and chief executive of Levi Strauss & Co — as a board member, replacing long-standing director David Mussafer, the chairman and managing partner of private equity firm Advent International.

Lululemon Shares Dip as Investor Scrutiny Grows

Shares of Lululemon fell less than 1% in trading on Monday — a modest decline, but one that adds to a broader pattern of investor unease surrounding the brand’s near-term outlook.

Whether Paxton’s investigation ultimately uncovers evidence of ongoing non-compliance or is resolved by Lululemon’s 2024 phase-out timeline remains to be seen. What is clear is that for a company whose identity is inseparable from the language of health and conscious living, the reputational stakes of the probe extend well beyond the legal.

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