The Seattle-based firm Hagens Berman has filed a class action lawsuit against W. L. Gore & Associates, the parent company and manufacturer of GORE-TEX. The suit alleges that the company is guilty of greenwashing, a tactic where companies or manufacturers intentionally mislead customers about their sustainability practices, in this case, W. L. Gore & Associates’ use of harmful substances perfluoroalkyl and polyfluoroalkyl, more commonly known as PFAS. According to the EPA, PFAS break down slowly over time and have been linked to harmful diseases, including cancer and infertility.
GORE-TEX, which is known for its waterproof technical fabric, has long used PFAS for its materials. However, prompted by state bans, W. L. Gore & Associates has moved to offer a PFAS-free expanded polyethylene (ePE) membrane. According to the current GORE-TEX website, the next generation membrane “is PFAS free and achieves a reduced carbon footprint when compared to its predecessors.” The statement is accompanied by a footnote that states, “made without intentionally added per and polyfluorinated substances; may contain trace amounts.”
The suit alleges that despite W. L. Gore & Associates moving forward with PFAs-free manufacturing, all products not classed as “next generation” are still being made with PFA material. The complaint reads, “Gore knowingly, affirmatively, and actively concealed, omitted or suppressed, or recklessly disregarded the true character, quality, and nature of the PFAS utilized in its products, including the environmental impact and health risks.” Similarly, in December of 2024, a class action lawsuit was brought against W. L. Gore & Associates for their alleged PFAS pollution of the environment surrounding its Elkton, Maryland-based facility.
“Gore stands behind its representations, statements and advertisements regarding our commitment to environmental responsibility as well as the performance and safety of our GORE-TEX products,” says the brand.
According to Hagens Berman, brands like GORE-TEX have long depended on PFAS for waterproofing, but around 2021, Gore announced it created a new PFAS-free compound for its GORE-TEX membrane. GORE also allegedly created a PFAS-free, durable, water-resistant treatment for its products. Despite these promises of revolutionizing its products, today, Gore still manufactures, distributes, markets and sells its GORE-TEX Fabric with an ePTFE membrane and a PFAS-based durable water-repellant coating treatment.
GORE currently only employs its new (PFAS-free) ePE membrane in its line of next-generation products and still offers ePTFE membranes in several of its products. It claims all ePTFE will be replaced by ePE by fall 2025. Only the “next generation” GORE-TEX products feature the PFAS-free durable water-repellant coating treatment, while other products continue to use the previous PFAS-based treatment. These products also continue to shed PFAS into the environment and/or water supply via ordinary consumer use.
GORE knew about the negative environmental effects associated with PFAS exposure, according to attorneys, due to its long-standing relationship with DuPont and the involvement of former DuPont employees (who later joined GORE) who brought extensive knowledge of the harmful effects of PFAS to GORE. GORE has also been the subject of several lawsuits for health and environmental damage related to its use of PFAS in the manufacturing process.
GORE claims its products represent “Responsible Performance” and “Environmentally Sound” products, which attorneys call empty promises since GORE never discloses the real sustainability and environmental impact it has based on its manufacturing and use of PFAS in its products in violation of the Green Guides and state consumer protection laws.
GORE also unfairly and misleadingly relies on greenwashing tactics to market and sell GORE-TEX products to consumers, as a huge market for its products are those who enjoy spending time outdoors and are environmentally conscious. Attorneys believe GORE’s continued and sustained use of PFAS staunchly negates its promises of sustainability and commitment to “continuously improve the environmental footprint.”
GORE has continued to erroneously represent that ePTFE is “non-toxic and safe for the end user” and that it is “an extremely stable molecule and resistant to degradation.” However, GORE-TEX’s maker failed to disclose that PFAS are used to manufacture PTFE and ePTFE and that its durable water-repellant coating treatment was PFAS-based.
Additionally, Hagens Berman says, GORE has attempted to hide from the public the environmental impact of its PFAS-based products.
“In this investigation, our consumer rights attorneys seek to represent a class of customers who purchased the affected products under the impression that Gore was acting according to the promises it made to its customers. A class-action lawsuit seeks to level the playing field, bringing strength to collective action to change unlawful practices. Though these measures do not bring immediate relief, they are a time-tested method of holding companies accountable for wrongdoing,” says the firm.
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