Waterproof Gear Company Gears Up for Renewed Putative Class Action

A class action was filed against the manufacturer of Gore-Tex for allegedly misleading consumers about PFAS chemicals in its waterproof gear. Gore-Tex moved to dismiss the complaint for various reasons, including failure to state a claim, lack of Article III standing, and improper venue. Most notably, Gore-Tex argued that the plaintiffs failed to allege that the garments they purchased in fact contained PFAS in any amount, let alone in amounts that are hazardous. Similar arguments have gained traction in recent PFAS decisions, including several decisions from federal courts in New York and California. In response, the plaintiffs voluntarily dismissed their suit, and the very same day, the same plaintiffs’ lawyers filed a new putative class action against Gore-Tex in Maryland.

June 17, 2025 | Walton v. W.L. Gore & Associates, No. 1:25-cv-01948 (D. Md.).
April 28, 2025 and June 17, 2025 | Mason v. W.L. Gore & Associates, No. 2:25-cv-00049 (E.D. Wash.).

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