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As gear manufacturers navigate growing concerns and regulations over the chemicals that are commonly used to make waterproof and water-resistant outdoor equipment, a titan of the American gear industry finds itself embroiled in yet another class-action lawsuit over its use of PFAS. The suit filed Tuesday in Washington State accuses the manufacturer of Gore-Tex of knowingly using PFAS — a toxic family of chemical compounds known as “forever chemicals” — in its products and concealing their use (as well as their environmental impacts) from consumers.
The class-action lawsuit names four plaintiffs from around the country. The plaintiffs’ attorneys allege in the suit that W.L. Gore & Associates used deceptive labels and confusing definitions on its Gore-Tex hang tags. They also claim, among other things, that some Gore-Tex products still used chemicals derived from PFAS even though Gore claimed otherwise; and that Gore did not tell consumers about the environmental risks of Gore-Tex even as the company became aware of the toxic nature of PFAS and the environmental risks they posed.
“Instead of coming clean on its use of PFAs and their environmental consequences, Gore instead opted to embark on a significant greenwashing campaign full of material misrepresentations and omissions designed to deceive eco-conscious consumers and safeguard Gore’s profits,” attorneys with the firm Hagens Bergman allege in their 138-page complaint.
This legal action is separate from the ongoing class-action lawsuit filed against W.L. Gore & Associates by residents of Cherry Hill, Maryland, where one of Gore’s manufacturing plants is located. Attorneys representing those plaintiffs say the Gore factory’s continued use of PFAS has contaminated the surrounding soil, air, and water, exposing residents to toxic chemicals and increasing their risk of health complications.
Unlike that lawsuit, which revolves around the environmental impacts of manufacturing Gore-Tex, the most recent suit against Gore hinges on the environmental impact of customers using Gore-Tex gear. Take, for example, a Gore-Tex rain jacket, which according to some recent studies can shed toxic chemicals into the ground and nearby waterways when exposed to rain.
“This means that hikers who are taking their outdoor apparel on the trails are inadvertently shedding PFAS material straight into the pristine environments they are appreciating and seeking to preserve,” reads part of the complaint filed by the plaintiffs’ attorneys.
Those attorneys claim that the plaintiffs purchased products featuring Gore-Tex (things like snow pants, rain jackets, and hiking boots) without realizing those products contained PFAS, as they were misled by the labels and by the company’s repeated claims that the products were environmentally “sound” or “friendly.” The attorneys say these individuals would not have bought the products (or would have paid less for them) had they been aware of their true environmental impact.
Those true impacts are slowly revealing themselves, as study after study reveals the toxic legacy that PFAS have left in our bodies and ecosystems. Many of these cancer-causing chemicals have been in use for 50 years or longer, and they can be found in everything from tents and skillets to nail polish and pizza boxes.
The problem, then, extends way beyond the outdoor gear industry, which is a small part of the larger manufacturing world. But since the health of the gear industry is inextricably linked to the health of the landscape — it’s hard to sell tents without forests — that industry now finds itself spotlit. And in some cases, brands are confronting the maddening irony of making good outdoor gear that might actually be bad for the outdoors.
The core argument of this most recent lawsuit against Gore is that W.L. Gore & Associates knew its products were contaminating landscapes and watersheds. It also alleges that the company knowingly concealed the chemicals it used while relying on deceptive marketing practices that touted sustainability and environmentally friendly manufacturing practices — a tactic known as “greenwashing.”
“W.L. Gore & Associates is aware of the recently filed lawsuit,” a company spokesperson wrote in an emailed statement to Outdoor Life denying those allegations. “Gore stands behind its representations, statements, and advertisements regarding our commitment to environmental responsibility as well as the performance and safety of our GORE-TEX products.”
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This relatively pricey and trademarked waterproof membrane has long been considered the gold standard in the outdoor industry for its winning combination of waterproofness, breathability, and durability. It’s used by dozens of major brands to make things like high-quality waders and rain jackets.
In recent years, both the trademarked Gore-Tex membrane and the Durable Waterproof Repellent coating used in many Gore-Tex products have been linked to PFAS chemicals. Responding in part to new or incoming regulations in California, New York, and other states, Gore released a next-generation material that it says is PFAS-free. However, an ad for that material on Gore’s website includes a disclaimer saying these chemicals aren’t “intentionally added” and the materials could still contain “trace amounts” of PFAS.