Texas Attorney General Ken Paxton has opened a formal investigation into Lululemon Athletica over the potential presence of PFAS, or “forever chemicals,” in its activewear, marking the first state-level Lululemon PFAS investigation in 2026 and the first US attorney general action targeting an activewear brand specifically over the toxic compounds.
Paxton’s office issued a Civil Investigative Demand (CID) to Lululemon USA Inc. on April 13, 2026. The demand seeks records covering the company’s Restricted Substances List, internal testing protocols, and supply chain practices to determine whether the brand has misrepresented the safety of its products to American consumers.
Texas AG Issues Civil Investigative Demand to Lululemon
The CID compels Lululemon to produce documentation tied to the chemical composition of its garments and the verification standards behind its wellness marketing. Paxton’s office framed the action as a consumer-protection probe rather than a finished enforcement case.
“Americans should not have to worry if they are being deceived when trying to make healthy choices for themselves and their families,” Paxton said in the April 13 announcement. “I will not allow any corporation to sell harmful, toxic materials to consumers at a premium price under the guise of wellness and sustainability.”
The investigation lands during a turbulent year for the brand, which is also navigating Lululemon’s leadership transition under new chief executive Heidi O’Neill.
Lululemon’s Response
Lululemon issued a public response on April 16, 2026, three days after Paxton’s announcement. The company published an official statement on PFAS on its corporate newsroom, titled “Created without PFAS: What to know about lululemon’s products.”
The brand stated it phased out intentionally added PFAS across its product range during fiscal year 2023. Before the phase-out, the company said, PFAS were used in only “a small number of water-repellent items.” Lululemon added that it conducts ongoing testing and works with suppliers to prevent unintentional reintroduction of the chemicals.
What PFAS Are and Why They Matter in Activewear
PFAS — per- and polyfluoroalkyl substances — are synthetic chemicals used to repel water, stains, and sweat. According to the EPA explanation of PFAS, the compounds do not break down in the environment or the human body and accumulate over time.
The World Health Organization’s International Agency for Research on Cancer classified PFOA as Group 1 carcinogenic to humans in 2023, and PFOS as possibly carcinogenic. Studies have linked exposure to kidney and testicular cancers, hormonal disruption, and immune system damage. Sweat increases skin absorption during exercise, raising the stakes for activewear specifically.
Testing Data: What Independent Research Found
Independent testing has consistently flagged activewear as a PFAS hot spot. Roughly one in four pairs of popular leggings and yoga pants tested showed detectable fluorine, the standard PFAS indicator. Across 32 garments tested, fluorine levels ranged from 10 ppm to 284 ppm. Brands appearing in the findings included Old Navy and Lululemon.
“When a brand uses a ‘clean’ label, who checked it? What standards did they use?” — Caroline Swee Lin Tan and Saniyat Islam, RMIT University researchers, writing in The Conversation, April 2026.
The apparel industry pledged a PFAS phase-out by 2020. Follow-up testing has continued to detect the chemicals across the sector. EU regulators have separately found 60% of green claims by major European fashion brands to be misleading.
Regulatory Tightening Across US and Europe
State and national regulators have moved aggressively against PFAS in textiles over the past 18 months. California’s AB 1817 banned intentionally added PFAS in textiles effective January 1, 2025. France’s textile and footwear PFAS ban took effect in January 2026, restricting manufacture, import, export, and sale. EU REACH Annex XVII Entry 79 restrictions on PFHxA and related substances took effect in April 2026, the same month as Paxton’s CID.
The European pressure is part of a broader regulatory push that also includes France’s anti-fast fashion legislation and courts overturning trade decisions affecting fashion.
Industry Accountability: Broader Context
The Lululemon probe is one of several brand accountability actions reshaping the 2026 fashion calendar. The NRDC PFAS scorecard for apparel brands rated most major US apparel companies at D or lower for weak PFAS commitments.
Parallel actions include a Nike class action over tariff refunds, PETA’s investigation into H&M’s wool supply chain, the California AG’s price-fixing investigation into Amazon, Levi’s and Hanes, and ongoing fashion industry accountability challenges tied to the Rana Plaza 13th anniversary. On the disclosure side, Pandora’s carbon footprint labeling initiative offers a contrast in proactive transparency.
No findings of wrongdoing against Lululemon have been established. The Texas investigation remains open as of May 9, 2026.
