Photo: Skyler Fitzmaurice//The Inertia
A class-action lawsuit has been filed against the manufacturers of GORE-TEX accusing the company of misleading its consumers on its environmental practices and the use of products that contain “forever chemicals.” The 138-page complaint was filed in the state of Washington earlier this week, while another lawsuit was just filed in Maryland in December alleging W.L. Gore & Associates has been guilty of pollution near some of its East Coast facilities.
The GORE-TEX brand is popular among skiers, snowboarders, hikers, and other outdoor enthusiasts for its waterproof material. Per- and polyfluoroalkyl substances have long been used in waterproofing products because they are so effective at repelling moisture, however, they are also considered dangerous to the environment because they can persist for centuries, hence the nickname “forever chemicals.” They are even illegal in some parts of the United States for their potentially harmful impacts on humans and animals, which the EPA began regulating in recent years.
Along these lines, GORE-TEX released certain PFAS-free products in 2021. The lawsuit alleges that the company misled customers by releasing the PFAS-free jackets and other products without explicitly telling their customers that other apparel still contained PFAS. Specifically, the lawsuit portrays GORE-TEX’s use of “Responsible Performance” and “Committed to Sustainability” and “Environmentally Sound” themes as umbrella terms for the company’s approach. They list countless examples of the company acknowledging sustainability as a top priority as a part of a larger “Greenwashing campaign” while ignoring some of its practices that don’t align with the philosophy.
“Gore’s greenwashing campaign misleads the public by purporting to be highly committed to environmental responsibility and at the forefront of sustainable manufacturing processes. But, in truth, Gore continues to produce Gore-Tex Fabric using PFAS, a suite of harmful ‘forever chemicals’ with extremely dangerous health and environmental effects,” the complaint reads. “Gore also fails to disclose that its GORE-TEX fabric sheds PFAS chemicals via ordinary use, which means that outdoor enthusiasts, as well as those simply wearing GORE-TEX Fabric to keep dry, are inadvertently contaminating the environment areas and their water supply when they venture out in their GORE-TEX gear, as the gear sheds PFAS.”
The complaint states that, “By consistently touting its environmentally friendly products, Gore was under a duty to disclose to Plaintiffs and the other Class members the true character, quality, and nature of the PFAS utilized in its products, including the environmental impact and health risks.”
Representatives for GORE-TEX, however, dispute the claim that they were dishonest or misleading with their customers.
“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,” the brand told Gear Junkie’s Andre McLemore on Thursday.
