Given its yoga-inspired branding, it’s deliciously ironic that Texas Attorney General Ken Paxton is investigating Lululemon’s apparel for the presence of so-called “forever chemicals,” which have been linked to health problems. That Lululemon is based in sanctimoniously woke Canada sweetens the irony with a dash of the country’s signature maple syrup.
Nevertheless, while it couldn’t happen to a more deserving company, those who support America’s “innocent until proven guilty” jurisprudence should be concerned about the harm Paxton has unfairly inflicted on Lululemon—likely to bolster his insurgent bid for a Senate seat and further align himself with President Trump.
Press Release Justice
Paxton disclosed today that he has issued a Civil Investigative Demand to Lululemon USA Inc. as part of an investigation into whether the company has misled consumers about the safety, quality, and health impacts of its products. The AG alleges that Lululemon’s product materials contain per- and polyfluoroalkyl substances, toxic chemicals believed to be dangerous to humans and the environment.
“Americans should not have to worry if they are being deceived when trying to make healthy choices for themselves and their families,” Paxton thundered in a news release. “I will not allow any corporation to sell harmful, toxic materials to consumers at a premium price under the guise of wellness and sustainability. If Lululemon has violated Texas law, it will be held accountable.”
Paxton’s announcement initially caused Lululemon’s stock price to lose nearly five percent of its value—a $2.7 billion wipeout in market cap—but its shares rebounded and closed virtually unchanged after the company issued an unequivocal denial of Paxton’s allegations.
Lululemon’s Defense
“Lululemon does not use PFAS in its products,” the lifestyle retailer said in a statement. “The company phased out the substance in FY23, which had been used in durable water repellent products—a small percentage of our assortment. The health and safety of our guests is paramount, and our products meet or exceed global regulatory, safety, and quality standards. We require all our vendors to regularly conduct testing for restricted substances, including PFAS, by credible third-party agencies to confirm ongoing compliance.”
Vancouver-based Lululemon is a leading activewear brand that generated over $11 billion in revenue in fiscal year 2025 alone. The company markets itself as a wellness-focused lifestyle brand emphasizing sustainability and performance. However, emerging research and consumer concerns have raised questions about the potential presence of certain synthetic materials and chemical compounds in its apparel that may be associated with endocrine disruption, infertility, cancer, and other health issues.
The MAHA Play and the Senate Runoff
At first blush, who could criticize an attorney general professing such a profound concern protecting the health and wellness of his state’s residents? For now, however, Paxton is only pursuing an unproven allegation. The political optics of him disclosing his Lululemon investigation are hard to ignore.
In just over a month, Paxton will face a GOP primary runoff election against incumbent John Cornyn for a Texas seat that could mark or break Republicans’ control over the U.S. Senate. In five different polls conducted since the March 3 primary, Paxton is holding a strong lead over Cornyn in runoff polling; the winner of the May 26 primary runoff will face state Rep. James Talarico, D-Austin, in the November General Election.
Polls show that Paxton enjoys especially strong support among President Trump’s MAGA supporters. As noted by Bloomberg, Paxton has initiated a series of investigations in line with the Make America Healthy Again agenda led by Health and Human Services Secretary Robert F. Kennedy Jr.
Last April, Paxton said he was investigating Froot Loops-maker WK Kellogg Co. over its inclusion of artificial food colorings. The company, which is now owned by Ferrero International SA, said in July it would eliminate synthetic dyes by the end of 2027.
Paxton has also been investigating toothpaste companies he has said are encouraging children to use greater amounts of fluoride than is thought to be safe. In December, Procter & Gamble said it would modify the amount of Crest toothpaste in its advertisements in Texas to depict age-appropriate usage.
The Sheriff’s Own Ethics Cloud
Paxton throughout his career has faced a litany of alleged wrongdoings.
In May 2023, the Republican-led Texas House of Representatives voted overwhelmingly to impeach Paxton on 20 articles, including bribery, unfitness for office, and abuse of public trust. The Texas Senate (presided over by his political allies) acquitted him on all counts. While he was legally cleared, the trial publicly exposed internal allegations from his own top deputies that he had used his office to help a wealthy donor.
Paxton was under felony indictment for securities fraud for nearly nine years—a case that hung over him almost his entire tenure as Attorney General. Just weeks before he was finally set to go to trial, he reached a pre-trial agreement that required Paxton to pay roughly $300,000 in restitution, complete 100 hours of community service, and undergo 15 hours of legal ethics training.
Earlier this month, a Texas district court judge awarded $6.6 million to four former senior aides to Attorney General Ken Paxton who said they were improperly fired after reporting Paxton to the FBI. Judge Catherine Mauzy stated in her judgment that the four plaintiffs had proven by a “preponderance of the evidence” that Paxton’s office had violated the Texas Whistleblower Act. Each of the four was awarded between $1.1 and $2.1 million for wages lost, compensation for emotional pain, attorney’s fees and various other costs because of the trial.
The State Bar of Texas also sued Paxton for professional misconduct, alleging he made “dishonest” and “misleading” representations to the U.S. Supreme Court while trying to overturn the 2020 election results. However, the Texas Supreme Court last month essentially shut down this disciplinary case, citing “separation of powers” and protecting executive branch lawyers from such oversight.
Landmark Privacy Victories
Despite the ethics cloud that’s hovered over Paxton for years, the Texas AG’s office has garnered some formidable legal victories, particularly when it comes to privacy violations.
Paxton two years ago secured a record $1.4 billion settlement with Meta (formerly known as Facebook) to stop the company’s practice of capturing and using the personal biometric data of millions of Texans without legal authorization. The settlement dwarfed the $390 million settlement 40 states reached with Google in 2022.
Paxton subsequently announced the launch of a data privacy and security initiative, establishing a team focused on aggressive enforcement of Texas’ privacy laws. The team was headed by Georgetown law grad Tyler Bridegan, who left the Texas AG’s office last October to join the Houston law firm Womble Bond Dickinson. Among the cases Bridegan was pursuing was a privacy lawsuit against General Motors; the lawsuit says Texas accounts for 10 percent of GMC’s sales of gas guzzling trucks and SUVs.
Womble Bond Dickinson has a deep bench in high-stakes corporate defense; partner James F. Sanders, for instance, famously represented the lead switch engineer for General Motors in litigation involving its faulty ignition switches that resulted in more than 100 deaths and hundreds of injuries. GM paid $900 million to escape criminal prosecution.
It is a striking irony: the man who built Paxton’s privacy case against GM now shares a partnership with the lawyer who successfully defended the lead engineer at the center of GM’s lethal ignition switch scandal.
In a move to support the rights of physicians to practice medicine as they see fit, Paxton’s office has taken legal action to support Houston ENT doc Mary Talley Bowden in her case against the Texas Medical Board.
In 2021, the family of a hospitalized first responder sought a court order directing Bowden, or a nurse under her supervision, to administer ivermectin to the patient, who was on a ventilator and in a medically induced coma due to severe COVID-19 complications.
A state district court granted the order. However, shortly before Bowden’s nurse was set to arrive at the hospital, an appeals court blocked the district court’s order. Dr. Bowden was not aware of this stay and continued efforts to prescribe ivermectin.
Texas Medical Board issued an administrative penalty and public reprimand of Bowden, which Paxton wants to help her void.
The Global Standard: De-Banking
Perhaps the Texas AG’s office privacy lawsuits and its defense of Bowden are being achieved despite Paxton’s leadership. Regardless, the Canadian government—led today by Prime Minister Mark Carney—doesn’t have a leg to stand on railing about Paxton’s lack of due process for one of its companies.
At the height of the Covid pandemic, the Liberal establishment in Ottawa froze the bank accounts of protesting truckers and their supporters without a trial. It’s hard to imagine one more deserving of being denied due process than a company headquartered in a nation that pioneered the de-banking of its own private citizens because of their government opposition.