REI Class Action Claims Retailer's Waterproof Apparel Contains Harmful PFAS - Top Class Actions

2022-09-03 02:10:15 By : Mr. King Huang

Popular winter jacket retailer REI sells waterproof coats that contain unsafe levels of toxic chemicals, a new class action lawsuit alleges. 

Plaintiff Lauren Lupia filed the class action lawsuit against Recreational Equipment, Inc. (REI) Apr. 25 in a California federal court, alleging violations of state and federal consumer laws.

She’s suing on behalf of anyone who bought REI waterproof apparel, which she says is unfit for use because it contains heightened levels of unsafe fluorine and per- and polyfluoroalkyl substances (PFAS). 

PFAS, which are sometimes known as “forever chemicals,” are a group of synthetic chemicals known to be harmful to both the environment and humans. Because they persist and accumulate over time, they are harmful even at very low levels, the REI class action lawsuit states. 

Scientists are studying how PFAS affect human health and how the risks may be underestimated, the lawsuit states. The Centers for Disease Control (CDC) has warned of a host of potential health effects associated with PFAS exposure, including cancer, liver damage, decreased fertility, immune system suppression and increased risk of asthma and thyroid disease.

Despite REI’s representations that its products are “sustainable gear built to last” and “Fair Trade CertifiedTM,” independent research conducted by Toxic-Free Future, a nonprofit organization that conducts scientific studies, found that the products contain PFAS, the class action lawsuit claims.

“Because several of the products are waterproof jackets meant to resist rain, consumers frequently use the jackets’ hoods, which rest directly against the skin, near the nose, mouth and eyes,” the lawsuit states.  

“As a result, consumers are at a heightened risk of exposure to PFAS through ingestion,”  Lupia says. 

REI does not warn consumers about the PFAS at any point, according to the lawsuit.

Lupia is suing for violation of California consumer laws, as well as for fraud, negligent misrepresentation, unjust enrichment and breach of warranty. She’s seeking certification of the class action, damages, fees, costs, medical monitoring for plaintiffs and a jury trial.

The news comes as three Almay makeup customers are suing the brand and its parent company, Revlon, saying the makeup purports to be clean and healthy but actually contains harmful PFAS.

Did you know there could be toxic chemicals in raincoats? Let us know your thoughts in the comments! 

The plaintiffs are represented by Sean L. Litteral and Rachel L. Miller for Bursor & Fisher, P.A. 

The Recreational Equipment Class Action Lawsuit is Lauren Lupia v. Recreational Equipment, Inc, Case No. 3:22-cv-02510, in the U.S. District Court Northern District of California. 

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