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On April 13, 2026, the Texas Attorney General’s Office issued a Civil Investigative Demand (CID) to Lululemon USA Inc. based on the alleged presence of PFAS in the company’s apparel. According to Paxton’s announcement, the investigation is necessary to determine whether Lululemon engaged in deceptive trade practices by marketing itself as a health-conscious and sustainable brand and subsequently selling products containing PFAS. A positive determination could form the basis for future enforcement.

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The Safe Drinking Water Act (SDWA) is the primary federal law that protects drinking water quality and authorizes the EPA to promulgate regulations to limit harmful contaminants in public water systems. Under § 1412(b)(1)(B)(i) of the SDWA, the U.S. Environmental Protection Agency (EPA) must publish a Contaminant Candidate List (CCL) every five years identifying emerging contaminants that are not yet subject to a Maximum Contaminant Level (MCL) but that may pose a public health risk. CCLs are the first step in the SDWA regulatory process and are used to drive research into the listed contaminants to better understand health impacts, occurrence data, and risk levels. The CCL process is used to inform future regulatory action but does not impose any regulatory requirements in itself.

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As the U.S. Environmental Protection Agency contemplates significant reductions in scope to its one-time reporting rule for per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA), state laws linger. In particular, it may be worthwhile for companies to revisit the Maine and Minnesota PFAS in products laws, which apply broadly to consumer and commercial products.

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