A class action lawsuit has been launched against the makers of Gore-Tex, alleging it "knowingly concealed" ongoing use of environmentally harmful chemicals in the production of its waterproof membranes, claims the brand strenuously denies.
The lawsuit, which was filed on February 11 against W.L. Gore and Associates by international law firm Hagens Berman, accuses the brand of "greenwashing" and alleges that the Maryland brand claimed its waterproof material was PFC-free while continuing to use the controversial chemicals in its manufacturing process. It also alleges Gore failed to disclose to consumers that its fabrics release PFAS into the environment and water supply during the manufacturing process and in ordinary consumer use.
In response, W.L. Gore & Associates calls the allegations "meritless" and says it plans to defend itself 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," writes the brand in an official statement.
Molly Cuffe, Communications & External Affairs Leader for Gore-Tex, tells us the brand's use of PFAS is "well documented," pointing to documents such as Gore-Tex's PFC Roadmap which states that all PFCs (now more commonly referred to as PFAS) of environmental concern would be removed from production between 2021 and 2023.
The statement continues, "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."
The suit follows another, filed in December by the state of Maryland, which accuses the Gore-Tex company of putting residents’ health at risk by contaminating air and water sources with PFAS.
Both cases are now pending litigation.
Gore-Tex is the brand name for a waterproof fabric that was first patented in 1969 by an American businessman and chemical engineer named Wilbert Gore, along with his son Bob Gore. It repels liquid such as rain, but still allows for liquid vapor to pass through, making it useful in outdoor gear like waterproof jackets, rain pants, hiking boots, and even certain smartwatch bands, and many outdoor brands have been routinely using it since the 1970s.
However, the technology has come under fire because was historically made using a group of chemicals called perfluorochemicals which, according to the Centers for Disease Control and Prevention, do not break down and therefore build up in landfills, water sources and even in people's bodies.
A 2021 review of epidemiological studies found "associations between exposure to specific PFAS and a variety of health effects, including altered immune and thyroid function, liver disease, lipid and insulin dysregulation, kidney disease, adverse reproductive and developmental outcomes, and cancer".
The same review noted that hundreds of types of PFAS had not yet been studied and called for wider research.
Outdoor brands including Helly Hansen and Montane have announced they are phasing PFAS out of production and developing their own membranes. In 2021, Gore-Tex itself announced it had developed a new PFAS-free membrane that uses expanded polyethylene, which would replace existing PFAS in all of its products and can already be found in gear we've written about, like the Arc'teryx Beta LT jacket.
On its website, Gore-Tex states that all PFAS would be removed from its manufacturing between 2021 and 2023. However, the Hagens Berman lawsuit alleges that the brand failed to make it clear that only next-generation products would use the new membrane, and claims the company misled some consumers who purchased Gore-Tex products between 2018 and 2024.
Advnture has reached out to all parties mentioned in this story for comment.
More on PFAs
- If you're shopping for new waterproof gear and want to avoid those using PFCs, we recommend checking the specs before you buy.
- New study finds certain smartwatch bands contain "very high concentrations" of harmful PFAS – here's what to look for instead
