Products Liability Law Daily Wrap Up, SETTLEMENT AGREEMENTS—CLOTHING AND ACCESSORIES—Lululemon agrees to chemical safety measures following Texas investigation, (Oct 23, 2026)

By WK Editorial Staff

The probe examined potential PFAS presence in the company’s activewear.

Lululemon USA Inc. has agreed to maintain chemical safety standards and oversight of materials used in its products under a settlement with Texas Attorney General Ken Paxton following an investigation into potentially harmful chemicals in clothing (Texas Attorney General News Release (Oct. 22, 2026)).

Investigation. Paxton launched the investigation in April 2026 to determine whether Lululemon had misled consumers about the safety, quality, and potential health effects of its products. The investigation included examining the possible presence of per- and polyfluoroalkyl substances, or PFAS, in the company’s activewear.

PFAS, sometimes called “forever chemicals,” can be found in synthetic materials such as those used in some clothing. The attorney general’s office said the substances have raised health concerns because of potential associations with cancer, infertility, endocrine disruption, and other health issues.

Testing requirements. Under the Assurance of Voluntary Compliance, Lululemon must continue requiring vendors to demonstrate compliance with the company’s Restricted Substances List through independent laboratory testing or valid third-party certifications.

The company also must verify certifications and require additional testing when certifications expire. If a vendor does not comply with the company’s chemical safety requirements, Lululemon must take commercially reasonable corrective action. The requirements under the agreement will remain in effect for three years.

State oversight. Paxton said the 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 it will continue monitoring Lululemon and the adequacy of its material testing.

The office is also investigating other clothing companies, including Hanes and Fruit of the Loom, as part of a broader initiative concerning potentially harmful chemicals in children’s clothing.

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