‘Greenwashing’ Lawsuit: Customers Allege GORE-TEX Maker Knowingly Concealed PFAS

After its invention in 1969, the waterproof material called GORE-TEX became a household name in outdoor gear. Now, the iconic company behind that invention is facing allegations about toxic chemicals in its apparel.

W. L. Gore & Associates, Inc., the Delaware-based company that owns the GORE-TEX brand, is being sued in a class-action lawsuit over claims it misled consumers that all GORE-TEX products were free from PFAS, a group of controversial chemicals.

GORE-TEX released PFAS-free jackets and other waterproof gear in 2021. However, the brand failed to tell customers that other apparel still contained PFAS, according to the class-action suit.

“We seek to represent anyone who unknowingly purchased Gore-Tex gear believing Gore’s promises of ‘performance for the planet,’” wrote Steve Berman, managing partner at Hagens Berman, the firm representing the class-action suit. “We believe what Gore tells its customers is untrue.”

A spokesperson for W.L. Gore & Associates said the company was aware of the suit, and provided a brief statement: “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.”

Growing Concern Over PFAS

PFAS, or per- and polyfluoroalkyl substances, have long been used in a variety of products, including electronics, air filters, medical devices — even dental floss and ski wax. They excel at repelling water, which is why they’re common in outdoor apparel.

But they’re also considered “forever chemicals” because they can persist in the environment for hundreds of years. Government regulators began cracking down on the chemicals after the U.S. Environmental Protection Agency linked them to “harmful health effects in humans and animals.”

In the last few years, California, New York, and Colorado have all passed bans on the sale of products containing PFAS. In 2023, REI Co-op removed all inventory containing the chemicals from its shelves. As a result, customers have become aware of the environmental and health issues surrounding the chemicals, according to the class-action suit.

By claiming to offer “sustainably made” jackets that allegedly still used PFAS, the company waged a “greenwashing campaign,” the lawsuit says.

By claiming to offer “sustainably made” jackets that allegedly still used PFAS, the company waged a “greenwashing campaign,” according to the class-action suit.

Should you be concerned about health problems from wearing a jacket with PFAS? Probably not, at least according to some experts. But research increasingly shows that the chemicals contaminate the environment.

“Wearing the jackets is unlikely to harm the person wearing them,” Arlene Blum, a biophysical chemist at the University of California Berkeley, told The New York Times in January. “The harm comes during the manufacturing to the water, soil, and air near the manufacturing facility.”

By claiming to offer “sustainably made” jackets that allegedly still used PFAS, the company waged a “greenwashing campaign,” according to the class-action suit.

Maryland Sues Over Manufacturing Concerns

That’s the focus of Maryland’s lawsuit, which says several facilities from W.L. Gore & Associates (also called Gore) released toxic chemicals that ended up in the drinking water of local residents.

“Gore knew for decades that a type of PFAS released during manufacturing at its Cecil County facilities was toxic and posed significant risks to human health and the environment,” Maryland Attorney General Anthony G. Brown wrote. “Gore continued to knowingly emit perfluorooctanoic acid (PFOA) into the air and water without protecting the surrounding communities, causing widespread contamination.”

By claiming to offer “sustainably made” jackets that allegedly still used PFAS, the company waged a “greenwashing campaign,” according to the class-action suit.

Gore disputes those claims. The company learned in 2022 of PFOA chemicals (similar to PFAS) showing up in groundwater near one of its facilities, and was working with Maryland regulators to “assess the potential impact of our operations.”

“W. L. Gore & Associates denies the allegations in the complaint and is surprised by the Maryland Attorney General’s decision to initiate legal action, particularly in light of our proactive and intensive engagement with state regulators over the past two years,” the company said in a Dec. 18, 2024, statement.

The company has since published a website explaining its “proactive efforts” to be “good neighbors.” Only one of the Maryland facilities at issue in the lawsuit makes products for the GORE-TEX brand, according to the Gore spokesperson.

Brands Work to Remove PFAS

As the potential dangers of PFAS became more clear, some outdoor brands made an effort to get rid of them — even before states started banning them.

But it’s not easy. Fjallraven, for example, started removing the chemicals from its production processes in 2009. But its fabrics weren’t completely PFAS-free until 2015, and the zippers had them until 2023 (and still might be a problem).

NEMO Equipment started removing PFAS from its sleeping bags, tents, and other gear in 2020. Its latest line of OSMO gear is completely free of the substances, according to the brand. Emerging regulations, like the PFAS ban in California, have forced many outdoor brands to make the change, said Theresa McKenney, the director of sustainability and government affairs for NEMO.

“We talk about PFAS a lot, but there are a lot of chemicals that could be problematic,” McKenney told GearJunkie. “Consumers shouldn’t have to worry about keeping track of all of them.”

In 2022, GORE-TEX released an update to its waterproof gear. The brand’s Expanded Polyethylene (ePE) membrane promised more durability and a lower carbon footprint, immediately drawing interest from Patagonia and Arc’teryx.

According to the GORE-TEX website, the gear is free from PFAS chemicals.