Texas Attorney General Ken Paxton announced a chemical-safety agreement with Lululemon USA Inc. on Thursday, following an investigation that did not identify PFAS in the company’s products or materials after a review of company documents.
The agreement commits the activewear company to maintaining supplier testing and certification requirements. It also records Lululemon’s denial of wrongdoing, a qualification absent from Paxton’s October 22 release.
The Assurance of Voluntary Compliance, filed October 19 in Collin County district court, states that Texas alleged Lululemon failed to collect and maintain signed acknowledgments of its Restricted Substances List from two vendors for one edition. Both vendors have since signed the documents.
The state issued its civil investigative demand on March 26, according to the agreement. Paxton publicly announced the investigation on April 13, as The Dallas Express previously reported. The inquiry examined potential per- and polyfluoroalkyl substances, commonly called “forever chemicals,” and whether the company misled shoppers about product safety.
Under the agreement, Lululemon must continue requiring vendors to document compliance with its restricted-substances standards through designated laboratory reports or accepted third-party certifications. Its designated laboratory must verify certifications that vendors submit instead of testing to demonstrate compliance with PFAS-related requirements.
If a vendor’s certification expires or the vendor does not renew it, Lululemon must require laboratory testing of the vendor’s materials. The company must also take commercially reasonable steps to address supplier noncompliance.
“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.
Lululemon says on its website that it does not use PFAS in its products and requires third-party testing to guard against their unintentional reintroduction. Lululemon expressly denies liability in the agreement, which also records its cooperation with investigators.
The agreement gives Lululemon 60 days after written notice to address alleged noncompliance before state enforcement. An isolated vendor failure alone does not establish a breach if the company meets the agreement’s safeguards.
Provided by Dallas Express
