Certain Waterproof REI Apparel Contains ‘Forever Chemicals,’ Class Action Alleges

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A proposed class action alleges certain waterproof REI apparel is unfit for use because it contains “heightened levels” of fluorine and per- and polyfluoroalkyl substances (PFAS), or synthetic “forever chemicals.” 

The 39-page case against Recreational Equipment, Inc. (REI) says that although the outdoor apparel retailer represents that its products are “sustainable gear built to last” and “Fair Trade Certified,” independent research performed by nonprofit Toxic-Free Future found that the following items, and possibly others, contain forever chemicals: 

• REI Co-Op Drypoint GTX Jacket (Women’s);
• REI Co-Op Westwinds GTX Jacket (Men’s);
• REI Rainwall Jacket (Kids); and
• REI Co-Op Savanna Trails Pants (Men’s). 

The lawsuit contends that because several of the products rest directly against the skin—and near the nose, mouth and eyes—when their hoods are worn, consumers “are at a heightened risk of exposure to PFAS through ingestion.” 

“Based on Defendant’s representations, a reasonable consumer would expect that the Products can be safely used as marketed and sold,” the complaint reads. “However, the Products are not safe, posing a significant health risk to unsuspecting consumers.” 

REI does not notify consumers at the time of purchase or earlier that the waterproof items at issue are “unsafe, contain PFAS, or should otherwise be used with caution,” the lawsuit claims. 

According to the filing, PFAS are a group of synthetic chemicals that persist and accumulate over time and are known to be harmful to humans and the environment, even at very low levels. The Centers for Disease Control and Prevention has outlined a number of health effects linked to exposure to PFAS, including cancer, liver damage, decreased fertility and an increased risk of asthma and thyroid disease, the lawsuit states. 

The suit adds that PFAS are typically used as chemical treatments on textiles in order to make them water repellant and/or stain resistant, waterproof and breathable. 

The lawsuit argues that although many apparel companies have announced their intention to eliminate PFAS from their products’ supply chains, the outdoor industry, including companies like REI, “largely trail behind customer concerns about the environmental and public health impact of PFAS.”

According to the lawsuit, Toxic-Free Future tested 20 different outdoor apparel items for fluorine, which can indicate the presence of PFAS. Items with fluorine levels in excess of 100 parts per million (ppm) were then tested for PFAS, the case relays.

The complaint says that of the 20 outdoor apparel items tested, PFAS were detected in 15, including the REI jackets and pants at issue. The lawsuit also claims that the levels of PFAS compounds found in the REI items were “significantly higher” than those found in competitors’ products.

REI, the lawsuit alleges, chose not to disclose the forever chemical-content of its products, and instead “concealed this information from environmentally and health-conscious consumers” so as to increase revenues by way of the cost savings associated with the use of PFAS. 

The lawsuit looks to represent all consumers in the United States who have bought any of the REI products listed on this page. 

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