On 13 April 2026, the Texas Attorney General announced a formal investigation into Lululemon Athletica over the potential presence of PFAS, commonly known as “forever chemicals,” in certain activewear products. The probe was initiated through a Civil Investigative Demand (CID) and will assess whether the company misled consumers regarding the safety, quality, and health impacts of its products. Authorities also indicated they will review the company’s Restricted Substances List (RSL), testing protocols, and supply chain controls to determine whether internal standards align with public marketing claims centred on wellness, sustainability, and performance.
PFAS are widely scrutinized globally because of their persistence in the environment and links to potential health and environmental risks. While the investigation does not establish wrongdoing, it highlights a growing enforcement trend: regulators are no longer focused only on product composition, but also on whether ESG, wellness, and safety claims are substantiated by robust governance systems. This is particularly relevant for consumer goods sectors such as apparel, footwear, cosmetics, electronics, and food-contact materials.
Key Compliance Lessons for Trade & Product Safety Professionals
- Strengthen Chemical Governance
Maintain an up-to-date RSL and Manufacturing RSL covering PFAS, heavy metals, phthalates, azo dyes, and other priority substances. - Substantiate Marketing Claims
Claims such as “safe,” “clean,” “sustainable,” or “non-toxic” should be legally reviewed and supported by evidence. - Enhance Supplier Due Diligence
Require supplier declarations, material disclosures, audit rights, and corrective action mechanisms across all tiers. - Adopt Risk-Based Testing
Use accredited third-party laboratories for periodic verification, especially for high-risk materials, coatings, and water-repellent treatments. - Prepare for Multi-Jurisdiction Rules
Monitor evolving PFAS restrictions in the US, EU, Canada, and Asia, where reporting and bans are accelerating. - Ensure Crisis Readiness
Have escalation protocols for regulator inquiries, recalls, media scrutiny, and consumer complaints.
In summary, product safety compliance is now inseparable from brand trust, regulatory resilience, and cross-border market access.
Official press release from the Office of Attorney General in Texas: