REI PFAS Lawsuits: Krakauer, Lupia, and Toxin Free USA Cases

The main REI PFAS lawsuit, a proposed federal class action called Krakauer v. Recreational Equipment, Inc., was dismissed on March 29, 2024, after a judge in the Western District of Washington found the lead plaintiff lacked standing to sue.1Bloomberg Law. REI Defeats Lawsuit Over PFAS Forever Chemicals in Clothing A separate California case brought by shopper Lauren Lupia is still pending, and a Washington, D.C. nonprofit sued REI over PFAS in its children’s rain jackets. The litigation also pushed REI to announce a company-wide ban on PFAS in textiles and cookware, with most products required to be PFAS-free by fall 2024 and expedition-level apparel by fall 2026.

The Krakauer Federal Class Action

Jacob Krakauer and Joyce Rockwood filed the proposed class action on October 28, 2022, in the U.S. District Court for the Western District of Washington (Case No. 3:22-cv-05830-BHS). The complaint named five REI Co-op products: the XeroDry GTX Jacket, Westwinds GTX Jacket, Drypoint GTX Jacket, Rainwall Rain Jacket for kids, and Savanna Trails Pants. It alleged REI’s marketing of the gear as safe and sustainable was false because the items contained elevated levels of per- and polyfluoroalkyl substances, commonly called “forever chemicals.”2CMBG3 Law. Krakauer et al. v. Recreational Equipment, Inc., Complaint

The 13-count complaint included violations of Washington’s Consumer Protection Act, breach of express and implied warranty, fraudulent concealment and misrepresentation, negligent failure to warn, unjust enrichment, and violation of the federal Magnuson-Moss Warranty Act. It sought $5 million in damages on behalf of roughly 100 plaintiffs.2CMBG3 Law. Krakauer et al. v. Recreational Equipment, Inc., Complaint3WWD. REI PFAS Lawsuit Greenwashing

The plaintiffs built a greenwashing theory around REI’s public statements about “raising the bar on chemical use,” offering “sustainable gear built to last,” and having “eliminated long-chain PFAS” from its waterproof Co-op products. Lab testing commissioned for the complaint by Galbraith Laboratories found that an REI Co-op XeroDry GTX Jacket contained 48,577 ppm of organic fluorine, more than 485 times the 100 ppm screening threshold used in industry studies to flag intentional PFAS use.2CMBG3 Law. Krakauer et al. v. Recreational Equipment, Inc., Complaint

Why the Case Was Dismissed

Rockwood dropped out when the complaint was amended in January 2023. REI moved to dismiss in February 2023, and Judge Benjamin H. Settle granted the motion on two independent grounds.

First, Krakauer lacked Article III standing. He had not tested the jacket he actually bought, or even the same model, for PFAS. The court held that pointing to heightened organic fluorine in other units was “insufficient to plausibly allege the presence of PFAS” in his specific product. Second, he had not adequately pled that he overpaid, because he never alleged facts about comparable PFAS-free alternatives available at the time of purchase. The court also described some of his claims about REI’s marketing as “too vague” and noted that REI had in fact disclosed the presence of some PFAS in its products.1Bloomberg Law. REI Defeats Lawsuit Over PFAS Forever Chemicals in Clothing

The dismissal was without prejudice. Judge Settle gave Krakauer 21 days to file a second amended complaint. He did not. On April 17, 2024, he filed a voluntary dismissal, and the case closed.4PacerMonitor. Krakauer et al v. Recreational Equipment Inc

The California Case: Lupia v. REI

The Krakauer suit was not the first. On April 25, 2022, six months earlier, Lauren Lupia filed her own proposed class action in the U.S. District Court for the Northern District of California (Case No. 4:22-cv-02510-DMR). The products at issue overlap with Krakauer’s, and the theory is similar: that REI marketed waterproof apparel as sustainable and Fair Trade Certified while concealing PFAS content. Lupia brought claims under California’s Business and Professions Code, Unfair Competition Law, Consumers Legal Remedies Act, and the Song-Beverly Consumer Warranty Act.5ClassAction.org. Lupia v. Recreational Equipment, Inc., Complaint As of the most recent available update in mid-2024, the case remained a proposed class action without a reported resolution.6ClassAction.org. Certain Waterproof REI Apparel Contains Forever Chemicals, Class Action Alleges

The Toxin Free USA Suit Over Kids’ Jackets

On November 10, 2022, the advocacy nonprofit Toxin Free USA sued REI in Washington, D.C. under the D.C. Consumer Protection Procedures Act. The case targeted a single product line: REI’s Kids’ Rainwall Rain Jackets. Toxin Free USA alleged that REI deceptively marketed the jackets with language such as “choosing to steward the outdoors, support sustainable business” and touted Bluesign-approved materials said to “protect the health of the environment, workers and wearer (your kid!).” Lab testing had found high levels of organofluorine, indicating PFAS contamination. Executive Director Diana Reeves said she was “appalled that REI would present its products as safe” and called it “very disappointing that a company that promotes environmental activism would make products with highly toxic chemicals.”7Toxin Free USA. Toxin Free USA Sues REI Outdoor Clothing Company for Kids Jackets Containing PFAS Chemicals

The Testing Behind the Lawsuits

All three cases drew on independent testing. The most-cited study came from the nonprofit Toxic-Free Future, which bought 20 outdoor apparel items and screened them for total fluorine at a 100 ppm threshold, then ran compound-specific tests for 51 individual PFAS on items that exceeded it. Fifteen of the 20 items contained PFAS. Eight had been purchased at REI, and six of those tested positive. The two REI-branded Gore-Tex jackets stood out, with total fluorine between four and eight percent and four different fluorotelomer alcohols detected. Three REI jackets contained both older long-chain and newer short-chain PFAS compounds.8Toxic-Free Future. PFAS in Stain and Water-Resistant Products Study Results

REI’s PFAS Phase-Out

On February 22, 2023, roughly four months after the first two lawsuits were filed, REI announced a company-wide PFAS ban through an update to its Product Impact Standards (Version 3.0). The rule applies to its more than 1,000 brand partners, not only its private-label Co-op line, and sets two deadlines:9Toxic-Free Future. REI Announces It Will Ban PFAS in All Textiles

A third-party product analysis published in May 2025 reported that all REI-branded textile gear and apparel manufactured after 2025 uses PFAS-free durable water repellent treatments, though the company had not yet provided a public update on cookware compliance. Brands producing high-altitude gear such as mountaineering boots still have until 2026 to complete the transition.12BetterTrail. REI Co-op Base Camp 6 Camping Tent Report

What PFAS Are and Why They Appear in Waterproof Gear

PFAS are a large family of synthetic chemicals used for decades to make jackets, pants, and footwear repel water, oil, and stains. They are called “forever chemicals” because they do not break down naturally and can accumulate in the human body. The EPA has linked PFAS exposure to increased risk of kidney and testicular cancer, hormone disruption, liver and thyroid problems, immune suppression, reproductive harm, and developmental delays in children, with exposure pathways including food, drinking water, household dust, and direct contact with treated products.13U.S. Environmental Protection Agency. Our Current Understanding of the Human Health and Environmental Risks of PFAS

In waterproof outdoor gear, PFAS typically appear in the durable water repellent finish on the fabric surface and, in some products, in the waterproof membrane itself. Gore-Tex, for example, relies on an expanded polytetrafluoroethylene membrane that is a fluorinated polymer. That distinction matters for the REI phase-out: removing PFAS from a surface treatment is easier than replacing the membrane technology at the core of many high-performance jackets, which is part of why expedition-level apparel got the longer compliance window.