W.L. Gore & Associates, the company behind Gore-Tex, is facing a class action lawsuit for misleading consumers by promoting its products as environmentally friendly while still using harmful “forever chemicals."
Filed last week in Washington, the lawsuit claims Gore has engaged in greenwashing and harmed consumers by marketing its products as “non-toxic and safe for use,” “environmentally sound,” and “committed to sustainability” while continuing to manufacture waterproof and water-repellent gear using PFAS (per- and poly-fluoroalkyl substances).
The labels on Gore-Tex products are subject to scrutiny in the complaint, accused of misleading and confusing language and terms.
The complaint takes particular issue with Gore’s “PFC* free” label, calling it misleading because it redefines PFCs (perfluorinated chemicals) to exclude PTFE and ePTFE – types of PFAS widely recognised as harmful. According to the lawsuit, Gore’s marketing also confuses the public by using terms like PFC, PFAS, and “PFCs of environmental concern” interchangeably, making it tough for consumers to understand what they’re really buying.
The lawsuit claims that Gore may have broken the Federal Trade Commission’s (FTC) Green Guides, which aim to prevent misleading sustainability claims. By branding its products as environmentally friendly while still using PFAS, the company could face legal action across multiple states.
In a statement Gore shared with Escape Collective when asked for a comment, the brand said:
“W.L. Gore & Associates denies these meritless allegations and will defend ourselves 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. Our use of per- and polyfluorinated substances is well documented on our Gore-Tex Brand and Enterprise websites.”
PFAS, often called “forever chemicals,” are synthetic compounds linked to serious health risks and environmental damage because they don’t break down in nature. Escape Collective recently dug into their widespread use in the cycling industry and the scramble to phase them out as bans roll out in several US states.
The manufacturing of PFAS has led to widespread contamination of waterways and several litigation cases against major manufacturers, including DuPont, 3M and Gore, which has ties to both of the larger chemical manufacturers.
Steve Berman, managing partner at Hagens Berman, the law firm behind the suit, told Escape Collective that the rationale for the suit was simple: “Gore knew that its customers wouldn’t purchase products that could be linked to contaminated water supplies, and so Gore orchestrated a greenwashing campaign to cover up the impacts of its products." (Coincidentally, Hagens Berman has since 2016 sponsored the Axel Merckx-run Continental development team currently known as Hagens Berman-Jayco. Berman himself is a longtime cyclist.)
The lawsuit seeks compensation for consumers who purchased Gore-Tex gear between 1 January 2018 and 31 December 2024. It also calls for Gore to correct its product descriptions and labelling to reflect the true environmental impact of its products.
“We’d ideally like to see Gore-Tex put their money where their mouth is: make your product as green as you say it is. We’d like an outcome where the environment wins as well,” Berman added. “It’s far too soon to tell any indicated outcome in this case, but class actions are a time-tested and powerful tool for consumers.”
“Class actions get a bad rap for paltry payments, but our firm never agrees to a settlement unless we feel our clients are fairly made whole. That often includes injunctive relief – or non-monetary damages enforced by a court,” Berman explained. “Typically after filing, we expect a motion to dismiss from the defendant, and then the court will decide whether we have standing to continue. Outcomes often take years, but our firm never settles unless we believe our clients are fairly made whole.”
Berman also said this is not the firm's first PFAS case, and likely won’t be the last. PFAS-related consumer litigation cases have increased in recent years, driven by research and consumer awareness of the toxicity of the chemicals and the slow progress from companies in phasing them out.
[This article was updated on 21 February to include a comment from Gore.]
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