Last week, we highlighted a wave of litigation targeting underwear manufacturers. This week, litigation activity is now focusing on outerwear. On April 25, 2022, the same firm behind several of the underwear complaints filed a complaint against an outerwear manufacturer in the Northern District of California (Lupia v. Recreational Equipment, Inc., 22-cv-2510).

This most recent complaint is nearly identical to the previously reported underwear complaint, seeking injunctive and monetary relief (including punitive damages) under various theories of liability, including breach of warranty, negligence – failure to warn, unjust enrichment, and various state consumer protection and fraud statutes.

We anticipate additional copycat cases in the near term, as several organizations have highlighted the potential presence of PFAS in apparel of all kinds—from face masks to footwear.