Gore-Tex Lawsuit Accuses Maker of ‘Greenwashing’ Environmental Sustainability Claims

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A proposed class action lawsuit alleges the maker of Gore-Tex fabric has deceptively “greenwashed” the company’s purported commitment to sustainability, offering “not much more than empty environmental promises” via misleading advertising. 

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The 138-page Gore-Tex lawsuit against W.L. Gore & Associates charges that the company, known for its waterproof, breathable, durable fabric used in outdoor apparel, has effectively positioned itself over the last decade as having a positive impact on environmental issues, when in reality its commitment to environmental sustainability is, at best, exaggerated and, at worst, actively negative. 

Despite Gore’s public-facing stance on environmental sustainability, the company, in truth, continues to manufacture Gore-Tex fabric using harmful per- and polyfluoroalkyl substances (PFAS), or forever chemicals, linked to a host of dangerous health and environmental effects, the class action suit says, highlighting that Gore is well aware that environmentally friendly materials and sustainable production processes are significant considerations for consumers. 

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The case claims Gore also fails to disclose that Gore-Tex fabric sheds PFAS chemicals through ordinary use, meaning that anyone who wears the fabric is “inadvertently contaminating” the environment and water supply. 

“And because PFAS chemicals never degrade, the use of these chemicals over time causes them to accumulate and create toxic environments in rural, urban, and environmentally sensitive settings,” the complaint reads. 

Rather than “come clean” about its use of PFAS and the associated environmental consequences, Gore has instead opted to run a greenwashing campaign rife with “material misrepresentations and omissions” designed to deceive consumers, the filing alleges.

According to the suit, a prime example of Gore’s misleading greenwashing can be found on the hang tags affixed to every Gore-Tex product at the point of sale. These tags relay that Gore is “committed to sustainability” and that its practices are “environmentally sound” without providing any scientific substantiation or support for these claims, the case relays. 

Similarly, the lawsuit shares, Gore’s “PFC* Free Laminate” statement on the hang tag “misconstrues” the common definition of the acronym for perfluorinated chemicals. According to the suit, consumers would need to “comb through pages and pages of Gore’s website” to learn that its definition of PFCs does not include polytetrafluoroethylene (PTFE) and expanded polytetrafluoroethylene (ePTFE), fluoropolymers typically recognized as PFCs by academic journals and consumer-facing definitions. 

Gore also “confuses the public” by using terms such as PFC, PFAS, PFC* and “PFCs of environmental concern” interchangeably, the case alleges. The complaint summarizes that although Gore conveys to consumers that Gore-Tex fabric has a certain superior quality and is free from PFAS, the Gore-Tex fabric membrane is currently made with ePTFE and treated with a durable water repellant coating that contains PFAS. 

The allegedly misleading claims are clear violations of the Federal Trade Commission’s Green Guides, the class action suit charges. The FTC’s Green Guides are designed to aid marketers in avoiding making unfair or deceptive environmental claims. 

“Based on the overall impression presented by the Products and misrepresentations by Gore, reasonable consumers, including Plaintiffs, did not know nor did they expect that Products were treated with and/or manufacturing [sic] using PFAS,” the suit contests. 

According to the complaint, at least 12 states have laws that directly incorporate the FTC’s Green Guides standards, and 27 states and territories have laws that grant authority to the FTC’s interpretation in the Green Guides “as persuasive authority for courts.” 

The Gore-Tex greenwashing lawsuit looks to cover all consumers who bought Gore-Tex Fabric in Washington, California, Illinois, Minnesota, Alabama, Florida, Indiana, Maine, Maryland, Michigan, New Mexico, New York, Pennsylvania, Alaska, Arizona, Connecticut, Idaho, Georgia, Massachusetts, Montana, New Hampshire, Ohio, South Carolina, Tennessee, Texas, Utah, Vermont, West Virginia, and the District of Columbia between January 1, 2018 and December 31, 2024.

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