Gore-Tex manufacturer accused of running “misleading greenwashing campaign” while continuing to use “harmful” synthetics in its fabrics

The maker of Gore-Tex is facing a class-action lawsuit alleging that it engaged in a “greenwashing campaign” to hide the environmental impacts of PFAS — sometimes known as “forever chemicals” — from eco-conscious consumers.

Okay, so there’s quite a lot to unpack here. First of all, the maker of Gore-Tex is American multinational manufacturing company WL Gore & Associates. PFAS (per- and polyfluoroalkyl substances) are a group of synthetic chemicals that don’t break down easily in a natural environment. They have been widely used in the outdoor clothing industry in the past, including in the popular (but now discontinued) Gore-Tex Shakedry waterproof cycling jackets, although they’ve been increasingly sidelined over recent years due to concerns about their health and environmental impact. 

France has adopted new laws on PFAS this week, for example, and the European Union is working to phase them out, except where deemed essential. The US has a number of laws/regulations governing their use.

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Way back in 2017, Gore Fabrics set itself the goal of “working towards the elimination of PFCs [a subcategory of PFAS] of environmental concern from its durable water repellent (DWR) treatments and membrane manufacturing processes”, to be completed by 2023. 

Gore says that its next-generation Gore-Tex products use an ePE (expanded polyethylene) membrane that is “made without intentionally added per- and polyfluorinated substances”, although it may contain trace amounts.

Now a class-action lawsuit has been filed against WL Gore & Associates, alleging the company knowingly concealed its ongoing use of environmentally harmful PFAS in its waterproof jackets, shoes, clothing and other water-repellent products, according to attorneys at Hagens Berman, a law firm headquartered in Seattle, USA.

Hagens Berman says, “The lawsuit… accuses Gore of promising the public it was ‘committed to sustainability’ and ‘environmentally sound’ and that its laminates were ‘PFC* free’ and reflected ‘responsible performance’ all while continuing to use environmentally harmful PFAS in its manufacturing process. The complaint alleges Gore also failed to disclose to consumers that its Gore-Tex fabric leaches harmful PFAS into the environment and/or water supply during ordinary consumer use and while it’s being manufactured.”

“Because they do not break down in the environment, PFAS are harmful to our ecosystem, and under EPA [Environmental Protection Agency] declaration, there is no acceptable level of PFAS for human drinking water.”

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The lawsuit states, “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...”

Attorneys allege that Gore’s “misleading greenwashing campaign” hides the truth that PFAS accumulates in the environment and sheds toxic chemicals.

“We believe that the nature-loving consumers buying Gore-Tex products have been hit where it hurts most,” says Steve Berman of Hagens Berman. “They were misled about the environmental impacts of the outdoor gear they purchased. Gore knew that its customers wouldn’t purchase products that could be linked to contaminated water supplies, and so Gore orchestrated a greenwashing campaign to cover up the impacts of its products.”

The 130-page class action complaint alleges that Gore has in recent years told consumers that its products are “non-toxic and safe for the user” and pose no threat to the environment, despite containing PFAS.

Hagens Berman says, “In 2021, Gore announced it had developed a new membrane that uses expanded polyethylene [ePE], which is not a PFAS, and that it intended to use this to replace existing PFAS in all of its products. Gore also announced it had developed a new durable PFAS-free waterproof treatment. But Gore does not disclose to consumers that only its line of next-generation products will be made in this manner, and that Gore still includes PFASs in its manufacturing and products.
Steve Berman said, “We seek to represent anyone who unknowingly purchased Gore-Tex gear believing Gore’s promises of ‘performance for the planet’. We believe what Gore tells its customers is untrue.”

The complaint says, “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.”

According to the lawsuit, PFAS sheds during ordinary use in Gore-Tex products, meaning that wearers are contaminating the environment while trying to stay dry. The complaint also talks about PFAS leaching into the environment during the manufacturing process, and when washing PFAS-coated clothing.

“From this, contaminated water is spread into land, sent to landfills or otherwise in the water cycle, impacting water, soil and air,” says Hagens Berman.

“The lawsuit brings claims of fraudulent concealment, unfair trade practices, deceptive trade and violations of dozens of state consumer protection laws. The proposed class seeks injunctive relief from the court to force Gore to make accurate corrective disclosures and also seeks monetary repayment for restitution and/or loss of value of the products purchased due to Gore’s alleged misleading statements.”

Hagens Berman says it is investigating Gore-Tex apparel and accessories made with a durable fabric membrane that has been treated with a water-repellent coating, or Gore-Tex membrane, and sold between 2018 and 2024.

Hagens Berman says its team is experienced in consumer-rights cases and litigation protecting the environment, having tackled cases including Volkswagen’s diesel emissions scandal ($14.7 billion settlement).

You can read the entire class action complaint here.

WL Gore & Associates provided this response: “W.L. Gore & Associates denies these meritless allegations and will defend ourselves through the legal process. We stand firmly behind our representations, statements, and advertisements regarding our commitment to environmental responsibility, as well as the performance and safety of our Gore-Tex products.

“Gore has never intentionally misled people or misrepresented our materials. Our use of per- and polyfluorinated substances is well documented on our Gore-Tex brand and enterprise websites.

“Since our initial work with Greenpeace in 2015, we have remained engaged and responsive to evolving market expectations as we strive to always clearly and effectively communicate regarding a complex topic that lacked commonly agreed upon terminology and definitions.”