Gore-Tex Class Action Lawsuit Alleges Toxic PFAS Used in Supposedly “Green” Fabric

Waterproof fabric has been marketed as environmentally friendly, although it allegedly contains toxic “forever chemicals.”

A new lawsuit alleges that the manufacturer of Gore-Tex fabric falsely promotes its product as environmentally friendly, despite its waterproof outer layer containing toxic per- and polyfluoroalkyl substances (PFAS).

Gore-Tex is a kind of breathable, windproof and waterproof fabric that is marketed as being environmentally friendly and is often used in outdoor clothing, footwear and accessories, such as rain jackets, snow gear and waterproof shoes.

However, in a complaint (PDF) filed in the U.S. District Court for the Eastern District of Washington on February 11, a group of plaintiffs claim that the products are laden with toxic forever chemicals, known as PFAS.

PFAS are a group of more than 9,000 man-made chemicals that have been widely used in consumer products since the 1950’s to resist grease, oil and water. These chemicals are most notably associated with aqueous film-forming foam (AFFF), which has been used in firefighting operations by military and civilian firefighting organizations since the 1960s to combat petroleum-based fires.

Over the last decade, the use of PFAS chemicals have been heavily scrutinized, as research has shown the chemicals do not break down easily in the natural environment or the human body. Studies have further shown that PFAS exposure can cause a number of serious health effects, including several types of cancer, ulcerative colitis, disruption of the hormone system and other severe illnesses.

As a result, numerous AFFF firefighter cancer lawsuits have been filed by civilian and military firefighters who developed testicular cancer, kidney cancer, ulcerative colitis and other illnesses after repeated exposure to toxic AFFF foam.

Additionally, individuals living near military bases have filed PFAS groundwater contamination lawsuits, alleging that AFFF runoff polluted their drinking water with harmful chemicals, leading to long-term health issues, including cancer and other serious conditions.

In the Gore-Tex class action lawsuit, plaintiffs claim that the company engaged in a campaign of “greenwashing” with regard to its waterproof Gore-Tex fabric, misleading consumers into believing the fabric was environmentally friendly, despite using what it knew were toxic PFAS to create the outer, waterproof layer.

Moreover, the plaintiffs claim they never would have bought the products if they’d known that they contained toxic chemicals, particularly since they trusted the manufacturer’s advertising about Gore-Tex being a “green” product.

“Gore’s greenwashing campaign misleads the public by purporting to be highly committed to environmental responsibility and at the forefront of sustainable manufacturing processes,” the lawsuit contends. “But, in truth, Gore continues to produce Gore-Tex Fabric using PFAS, a suite of harmful ‘forever chemicals’ with extremely dangerous health and environmental effects.”

The plaintiffs have filed their lawsuit on behalf of themselves and others similarly situated, with special classes for residents of Washington, California, Illinois and Minnesota.

The lawsuit brings forth claims of unfair competition laws, violation of various state consumer protection acts, unfair trade practices and fraudulent concealment. They are seeking costs, restitution, damages, punitive damages and disgorgement.

State of Maryland Files Gore-Tex PFAS Lawsuit

The lawsuit was brought by Micah Mason, Dionysios Tsirkas, Scott B. Johnson and Adrian Washington, coming on the heels of another complaint (PDF) brought last month by the state of Maryland, raising similar claims against W.L. Gore & Associates in the U.S. District Court for the State of Maryland.

In the Maryland complaint, State Attorney General, Anthony G. Brown alleges that Gore has contaminated Maryland’s natural resources by dumping PFAS at many of the company’s 14 facilities located around Elkton, Maryland.

Brown indicates that PFAS from these facilities have entered area residents’ drinking water, leading to the potential for a multitude of adverse health effects, including cancers, reproductive illnesses, developmental defects, immune system repercussions and more.

The state of Maryland is accusing Gore of public nuisance, trespass, negligence, and violation of various state environmental articles, and is seeking costs for the investigation, cleanup, restoration, treatment and monitoring of contamination of the state’s natural resources, which can be attributed to PFAS from Gore’s facilities.