L.L.Bean endorses federal legislation to phase out toxic chemicals from outdoor apparel
Photo / COURTESY L.L.BEAN
L.L.Bean said in recent years it’s been testing and implementing PFAS-free replacement applications and last fall began transitioning to PFAS-free durable water repellent alternatives.
L.L.Bean, an outdoor goods retailer in Freeport and a major employer in Maine's outdoor recreation economy, endorsed proposed legislation that would eliminate a significant trade barrier that currently penalizes companies for choosing environmentally friendly alternatives to harmful "forever chemicals" in water-resistant apparel.
Introduced by U.S. Reps. Chellie Pingree, D-1st District and Rep. Blake Moore (R-UT), the bipartisan Protect Our Clothes from PFAS Act would make it easier for outdoor retailers to sell safer apparel that does not contain per- and polyfluoroalkyl substances, or PFAS.
“The environmental and health concerns associated with PFAS exposure, both in Maine and elsewhere, prompted L.L.Bean to transition our products to PFAS-free alternatives,” said Jason Sulham, at L.L.Bean’s manager of public affairs. “Unfortunately, current trade classification policy unintentionally penalizes companies who are doing the right thing by getting out of PFAS.”
Sulham said the proposed bill would align trade classification policy with “sound environmental and health policy.”
Pingree said the bill aims to level a disparity in duty rates for companies that are moving toward safer alternatives. Currently, water-resistant clothing made with PFAS receives preferential tariff treatment with a 7% duty rate, while more sustainable alternatives face a 27% rate.
“Our bipartisan Protect Our Clothes from PFAS Act will make it easier for retailers to choose safer alternatives that ensure their waterproof garments are not contributing to the contamination of our food and water, or the rise in cancer and other diseases linked to PFAS exposure,” said Pingree.
The U.S. International Trade Commission’s Harmonized Tariff Schedule, which sets out the tariff rates and statistical categories for all merchandise imported into the U.S., requires garments pass a water-resistance test and that the water-resistance must be the result of a rubber or plastics application to the garment’s outer shell, lining or inner lining.
That is commonly referred to as a durable water repellent finish, which often contains PFAS, according to a news release.
Durable garments
The proposed act would remove the requirement that water-resistant garments must be the result of a rubber or plastics application to qualify for lower duty rates. The change would allow manufacturers to use innovative, PFAS-free waterproofing technologies while maintaining competitive pricing, according to the release.
PFAS are a group of chemicals used in a variety of industrial applications and consumer products because of their heat, water and stain-resistant properties.
“While used mostly in industrial processes, PFAS can be applied to outerwear, clothes, shoes and accessories to make them more water and stain resistant while keeping the fabric breathable,” L.L.Bean said in a separate news release. “Along with many apparel and outdoor brands, L.L.Bean has used PFAS in the manufacturing of products that require water and stain resistant properties.”
L.L.Bean said that in recent years it’s been testing and implementing PFAS-free replacement applications. It transitioned last fall to PFAS-free durable water repellent alternatives in the manufacturing of L.L.Bean labeled products.
Kent Ebersole, president of the Outdoor Industry Association, a Washington, D.C., nonprofit, said the proposed legislation “takes a meaningful step toward fostering safer practices and responsible production within the outdoor industry. By reducing the duty rate for water-resistant apparel made with PFAS-free alternatives, this bill incentivizes innovation and supports essential public health and environmental goals.”
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