PFAS Gore-Tex Greenwashing

WHAT’S THE ISSUE?

Hagens Berman filed a class-action lawsuit alleging that W.L. Gore & Associates, makers of the popular outdoor brand Gore-Tex, are knowingly using and selling products for consumer use that contain environmentally harmful perfluoroalkyl and polyfluoroalkyl substances (PFAS), also called “forever chemicals.” Attorneys believe the waterproof and water-repellent gear sold by Gore, including clothing, jackets, shoes and more, contain PFAS. Gore has allegedly continued to use these harmful chemicals in its outdoor gear while also seeking to conceal the harms of its use from the public through a greenwashing campaign. Gore promised consumers 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. Gore also failed to disclose to consumers that its Gore-Tex fabric sheds harmful PFAS in the environment and/or water supply during ordinary consumer use. Because they do not break down in the environment, PFAS are harmful to our ecosystem, and under EPA declaration, there is no acceptable level of PFAS for human drinking water. Consumers who purchased Gore-Tex outdoor gear without knowing it contained PFAS may have rights.

Gore's website states, “As the Gore-Tex Brand, we take sustainability as seriously as we take performance.”

HOW DO I KNOW IF I’M AFFECTED?

Hagens Berman is investigating Gore-Tex apparel and accessories, which are made with a durable fabric membrane that has been treated with water-repellent coating, or Gore-Tex membrane. Gore-Tex fabric has been used by a variety of manufacturers and retailers for decades.

If you purchased any items made with Gore-Tex, including clothing, shoes, jackets, motorcycle gear and more from Jan. 1, 2018, to Dec. 31, 2024, contact Hagens Berman to find out your rights and learn more information. Fill out the form »

GORE-TEX PFAS INVESTIGATION EXPLAINED

Brands like Gore-Tex, a staple in the outdoor industry, have long depended on PFAS for waterproofing, but around 2021, Gore announced it created a new PFAS-free compound for its Gore-Tex membrane. Gore also allegedly created a PFAS-free durable, water resistant treatment for its products. Despite these promises of revolutionizing its products, today, Gore still manufactures, distributes, markets and sells its Gore-Tex Fabric with an ePTFE membrane and a PFAS-based durable water repellant coating treatment.

Gore currently only employs its new (PFAS-free) ePE membrane in its line of next-generation products and still offers ePTFE membranes in several of its products. It claims all ePTFE will be replaced by ePE by fall 2025. Only the “next generation” Gore-Tex products feature the PFAS-free durable water repellant coating treatment, while other products continue to use the previous PFAS-based treatment. These products also continue to shed PFAS into the environment and/or water supply via ordinary consumer use.

Gore knew about the negative environmental effects associated with PFAS exposure, according to attorneys, due to its long-standing relationship with DuPont and the involvement of former DuPont employees (who later joined Gore) who brought extensive knowledge of the harmful effects of PFAS to Gore. Gore has also been the subject of several lawsuits for health and environmental damage related to its use of PFAS in the manufacturing process.

GORE’S ALLEGEDLY EMPTY PROMISES

Gore claims its products represent “Responsible Performance,” and “Environmentally Sound” products, which attorneys call empty promises since Gore never discloses the real sustainability and environmental impact it has based on its manufacturing and use of PFAS in its products in violation of the Green Guides and state consumer protection laws.

Gore also unfairly and misleadingly relies on greenwashing tactics to market and sell Gore-Tex products to consumers, as a huge market for its products are those who enjoy spending time outdoors and are environmentally conscious. Attorneys believe Gore’s continued and sustained use of PFAS staunchly negates its promises of sustainability and commitment to “continuously improve the environmental footprint.”

Gore has continued to erroneously represent that ePTFE is “non-toxic and safe for the end user” and that it is “an extremely stable molecule and resistant to degradation.” However, Gore-Tex’s maker failed to disclose that PFAS are used to manufacture PTFE and ePTFE and that its durable water-repellant coating treatment was PFAS-based.

As stated in the complaint, “Gore’s website inundates consumers with acknowledgments that sustainability is a ‘top’ priority for the company, while also positioning environmental stewardship as a founding principle."

HOW CAN A CLASS-ACTION LAWSUIT HELP?

According to attorneys, Gore has attempted to hide from the public the environmental impact of its PFAS-based products. In this investigation, our consumer rights attorneys seek to represent a class of customers who purchased the affected products under the impression that Gore was acting according to the promises it made to its customers. A class-action lawsuit seeks to level the playing field, bringing strength to collective action to change unlawful practices. Though these measures do not bring immediate relief, they are a time-tested method of holding companies accountable for wrongdoing.

TOP CONSUMER RIGHTS LAW FIRM

Hagens Berman is one of the most successful consumer litigation law firms in the U.S. and has achieved settlements valued at more than $320 billion for class members in lawsuits against manufacturers, retailers, automakers, big banks and others. The firm is currently leading multiple cases on behalf of customers involving environmental impacts, and the firm has achieved many record-breaking victories in matters benefiting consumers. Your claim will be handled by attorneys experienced both in consumer law and environmental protection. 

NO COST TO YOU

In no case will any class member ever be asked to pay any out-of-pocket sum. In the event Hagens Berman or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to the class's legal team.