Texas Attorney General Ken Paxton secured an Assurance of Voluntary Compliance with Lululemon USA Inc. that requires the company to maintain chemical safety standards and oversight of materials used in its products, according to an Oct. 22 news release from the Office of the Attorney General.
The office said the agreement follows an investigation launched in April into whether Lululemon misled consumers about the safety, quality and health impacts of its products. The inquiry included the potential presence of per- and polyfluoroalkyl substances, or PFAS, commonly known as “forever chemicals.” The release said these substances are often found in synthetic materials and have raised health concerns because of their potential association with cancer, infertility, endocrine disruption and other serious health issues.
Under the agreement, Lululemon committed to maintaining and enforcing chemical safety requirements across its supply chain, the attorney general’s office said. The company must continue requiring vendors to demonstrate compliance with its Restricted Substances List through independent laboratory testing or valid third-party certifications. It must also verify the validity of certifications, require additional testing when certifications expire and take commercially reasonable corrective action to address vendor noncompliance. The obligations remain in effect for three years, according to the release.
“I will not allow corporations to put the health and safety of Texans at risk by using potentially harmful chemicals in their clothing,” Paxton said in the release. “This agreement ensures that Lululemon remains accountable for enforcing its chemical safety standards and provides additional protections for Texans against potentially harmful chemicals.”
The attorney general’s office said Paxton will continue to monitor Lululemon and ensure adequate material testing. It added that its office is actively investigating other clothing brands, including Hanes and Fruit of the Loom, to ensure children’s clothing is free from harmful chemicals.
The release included a link to the full agreement.