The forever chemicals that bead up water on a hiker’s slicker and other outerwear are getting increased scrutiny from lawmakers who pointed out such fabrics are getting a tax break over potentially safer alternatives.
L.L. Bean and Patagonia are among the outdoor retailers that have replaced the products they sell that contain per- and polyfluoroalkyl substances, which have been linked to cancer, but at a cost.
A long-standing federal import tariff places a 7 percent tariff on water-resistant clothing using plastic or rubber fabric, most of which is manufactured in Asia. The waterproofing on these garments often has PFAS chemicals. Substitute water-resistant chemicals, which include silicone and new organic materials but not rubber or plastic, are hit with a 27 percent tariff.
That could mean higher prices for consumers buying PFAS-free outerwear.
Members of Maine’s congressional delegation are trying to change that. Democratic U.S. Rep. Chellie Pingree of Maine and Republican U.S. Rep. Blake Moore of Utah are introducing legislation in the U.S. House on Tuesday that would remove the plastic or rubber requirement, allowing water-resistant outdoorswear to have the lower 7 percent tariff. The move targeting waterproof clothing only is separate from the sweeping tariffs that President Donald Trump has proposed against certain trade partners.
Independent U.S. Sen. Angus King, who had a similar proposal expire in committee in December, also has tentative plans to reintroduce a bipartisan bill in the U.S. Senate to change the language in the next few months, his spokesperson said.
“Often when you talk about a better garment that is better for the environment, people will say, ‘We can’t do that because it costs too much,’” said Pingree. “But you find out it’s actually costing too much because of a tariff, not because it’s inherently more expensive. That really got under my skin.”
Pingree said she is not sure of the origin of the tariff discrepancy, but the inclusion of plastic or rubber has been a long-standing provision in the nation’s tariff structure that should be simple to correct. Alternative waterproofing methods have been developed using PFAS-free materials, but they are subject to the much higher tariff rates, disincentivizing the move to safer water-resistant garments, she said.
“Mainers have a higher level of awareness of PFAS because most of us are so sympathetic about the farmers who have been impacted by this,” Pingree said. “PFAS can result in devastating disease and illness, so people don’t want to be drinking water or eating food from soil that has PFAS contamination, and, by extension, we don’t really want it on our clothing next to our skin.”
Maine is one of six states that is banning the sale of textiles and clothing with PFAS added to them, but the state’s law excludes outdoors apparel for severe wet conditions.
Pingree said L.L. Bean was among the constituents bringing the tariff difference to her attention. The company became aware of the environmental and health concerns around PFAS a couple years ago, and began looking for a PFAS-free replacement, said spokesperson Jason Sulham. That replacement used by the company’s suppliers is an “organic-based technology,” but he would not specify exactly what chemical is being used for confidentiality reasons.
“If you’re coming to L.L. Bean, you’re getting a PFAS-free product,” Sulham said. “Any product that has water-repellant or waterproof performance is PFAS-free, including tents.”
While shoppers will not see “PFAS-free” on an item’s tag, they can see the year and season it was made. If the date is after the fall of 2024, it is PFAS-free, he said. L.L. Bean stores also have QR codes around clothing areas that shoppers can scan to see the PFAS page on the company’s website to learn more about the process it has gone through to eliminate chemicals. For online shoppers, individual product pages carry PFAS information under the fabric and care section.
Sulham said L.L. Bean so far has not had to raise prices using the PFAS-free materials. But that could change if the tariff isn’t changed.
“We’re monitoring pricing,” he said. “The cost will definitely start to accrue the more this tariff stays out there in its current form.”
Removing the rubber or plastic requirement will open up a lot more options for PFAS-free treatments like those emerging from organic-based alternatives, he said.
“You end up with [the tariff change] incentivizing, and this helps companies make the transition,” Sulham said.
Whether or not the tariff is changed, the company will continue to eliminate PFAS from its supply chain as a priority because it is the right thing to do, he said.
Patagonia, which has a retail outlet in Freeport and whose goods also are sold in REI stores, began research on PFAS-free materials in 2015 and released its first PFAS-free products in 2019. By the spring of this year, all of its water-repellant products will be PFAS-free, said company spokesperson Gin Ando. That is with the exception of four fly-fishing products, which will be sold with a disclaimer, he said. So far, its prices have remained the same.
The outdoor retailer uses polymers, waxes and silicones to replace the water-beading function of PFAS. For its M10 Anorak, it borrowed technology used in automotive batteries to create a waterproof membrane that keeps snow and water out but that is permeable by sweat, he said.
The only difference in maintaining the new products compared with a previous one with PFAS chemicals is that the new treatments do not repel oils in items such as sunscreen as well. They must be cleaned more often to maintain water repellency, he said. Like L.L. Bean, the company conveys information about PFAS through QR codes on hangtags.
Ando said customers should continue to use their existing Patagonia and other outdoor clothing containing PFAS because it is better environmentally than throwing them out. Patagonia’s research has shown the PFAS in its product is strongly bonded to the fabric, so the risk to the customer is low, he said.
The bigger risk from PFAS in clothing is runoff that may get into drinking water and discharge from the plants making the clothing with added PFAS, said Julie Brown, director of sustainable business innovation with the nonprofit Outdoor Industry Association in Boulder, Colorado, which has 400 members including businesses and policymakers.
Pingree’s bill, if it passes, could be a big plus for the outdoors industry, said Jaclyn Levy, senior director of advocacy and government affairs for the association. It is still unclear, however, how the proposed regulation change will do because there is a period of uncertainty under the new administration.
“It would allow additional innovation to take place without needing to pass an undue burden or cost onto consumers,” she said. “It also would level the playing field for companies that are small but might want to innovate.”
Lori Valigra is an investigative environment reporter for the BDN’s Maine Focus team. She may be reached at [email protected]. Support for this reporting is provided by the Unity Foundation, a fund at the Maine Community Foundation, and donations by BDN readers.
