EPA drops claim that US phased out toxic PFAS chemicals

Agency updates its website after complaint, admitting PFOA and PFOS remain in US production as dispute over a Houston manufacturer continues

By LineZotpaper

Published18 October 2026

Read Time3 min

The US Environmental Protection Agency has quietly abandoned its long-held claim that the toxic PFAS chemicals PFOA and PFOS have been phased out of American production, changing its website to acknowledge that both remain in use. The reversal follows a formal complaint from environmental group PEER and comes amid a six-year legal fight over Houston-based Inhance, which makes up to 200 million plastic containers a year used across the US economy.

The EPA's website previously stated that "the manufacture and import of Pfoa has also been phased out in the United States." It now reads: "Quantities of Pfoa may be produced, imported, and used by companies ..." and notes that PFOS is in US production in some "limited, ongoing uses". The change was made in response to a complaint from the Public Employees for Environmental Responsibility (PEER) under the Information Quality Act, which requires federal agencies to publish complete and accurate data.

The EPA has found that virtually no level of exposure to either chemical in drinking water is safe. The International Agency for Research on Cancer classifies PFOA as "carcinogenic to humans" and PFOS as "possibly carcinogenic". An epidemiological panel convened during landmark early 2000s litigation over DuPont's PFAS pollution in West Virginia found the chemicals likely cause cancer, heart disease, liver disease and kidney disease.

The phase-out was never a ban. In 2015, under intense pressure, the EPA reached an agreement with eight PFAS producers to phase out production of PFOA and PFOS, a similar chemical made by 3M. Officials have since repeated the claim that the chemicals were phased out, giving the impression they were no longer produced or used in the US.

The backdown is the latest twist in a six-year battle over Inhance's plastic containers. After PEER testing in late 2020 found high levels of PFAS in pesticides stored in Inhance bins, the EPA investigated and ordered the company in March 2022 to "immediately cease" production. A further order in December 2023 was overturned by a federal appeals court, and PEER's lawsuit was dismissed for lack of standing.

Kyla Bennett, a former EPA scientist who is now science policy director at PEER, said the EPA had given a false impression by claiming PFOA was no longer produced. "That was demonstrably false, and now they have admitted it," she told the Guardian.

Inhance has denied that the chemical leaches out in measurable levels and said any PFOA in its products is an "impurity". It stressed there was never a ban in place and that it was not one of the eight companies that agreed to stop producing PFOA. Chief operating officer Patricia van Ee said the company had reduced PFOA "impurities" by 90% and that published peer-reviewed third-party risk assessments "conclude that estimated exposure does not present an unreasonable risk to human health or the environment".

In a response dated 18 September, EPA assistant administrator Douglas Troutman wrote: "In response to Peer's request, the EPA is updating its websites." Bennett argued the reversal showed why phase-outs are inadequate and bans are needed: "If you have a chemical and there's no safe level of it, then why on earth would you allow it to be manufactured?" She said the EPA's rare touch of candor was welcome but did not address the flow of toxic PFAS into food, water and soil, and said it was "past time to take effective enforcement action".

Analysis

Why This Matters

The reversal undercuts years of official statements that the US had eliminated two of its most dangerous PFAS chemicals, confirming they remain in commercial production more than a decade after the supposed phase-out.
Inhance's containers are used across the US economy, so the potential exposure is broad, and the EPA itself says virtually no level of either chemical in drinking water is safe.
The episode tests whether voluntary industry agreements can substitute for regulation, and whether the EPA will now enforce the terms or push for outright bans.

Background

PFAS, or per- and polyfluoroalkyl substances, are a large class of synthetic chemicals used since the mid-20th century in products such as non-stick cookware, stain-resistant fabrics and firefighting foam. They are often called "forever chemicals" because they break down extremely slowly in the environment and accumulate in the human body. The 2015 EPA agreement with producers came after documents made public during litigation over DuPont's PFAS pollution in West Virginia exposed the chemicals' health dangers, and the phase-out has since been cited as evidence that they were no longer made in the US. This story shows that voluntary arrangements, unlike bans, leave production legal unless the agency acts to stop it.

Key Perspectives

PEER and former EPA scientists: Kyla Bennett argues that voluntary phase-outs are inadequate and that only bans and enforcement can protect public health. She describes the EPA as an arm of industry, particularly under the Trump administration.

Inhance: The company maintains its containers do not leach PFOA at measurable levels, that any PFOA present is an impurity, and that it was not party to the 2015 agreement. It says it has cut impurities by 90% and that its risk assessments show no unreasonable risk to health or the environment.

EPA: The agency has not contested the new wording, saying in a letter that it was updating its websites in response to PEER's request. Its earlier orders against Inhance indicate it regards the leaching as a risk, though enforcement has been complicated by court rulings.

What to Watch

Whether the EPA takes fresh enforcement action against Inhance, or whether the website update ends the matter.
Whether PEER or other plaintiffs find a new legal route after their lawsuit was dismissed for lack of standing.
Whether the admissions about ongoing US production of PFOA and PFOS prompt state or federal moves to ban the chemicals outright.

Sources

EPA quietly backtracks on claims US has phased out toxic Pfas compounds · World news | The Guardian

Checked

12 claims in this story checked against 1 source: 11 supported.

Show each claim

SupportedThe EPA dropped its claim that the US had phased out PFOA and PFOS.World news | The Guardian: “The Environmental Protection Agency has quietly backtracked on a claim that the US has phased out two of the most dangerous Pfas compounds – Pfoa and Pfos.”
SupportedThe updated EPA website acknowledges that PFOA and PFOS remain in US production or use.World news | The Guardian: “In fact, both have been produced in the US this whole time”
SupportedThe EPA changed its website in response to PEER's formal complaint.World news | The Guardian: “The change was made in response to a complaint filed by Peer, which pointed out that the EPA was allowing Pfoa to be produced in the US.”
SupportedInhance makes up to 200 million plastic containers annually for use across the US economy.World news | The Guardian: “The company makes up to 200m plastic containers annually used across the US economy.”
SupportedThe dispute over Inhance's containers has been a six-year legal battle.World news | The Guardian: “The EPA’s reversal marks the latest twist in a six-year legal battle over Inhance’s Pfoa-infused containers.”
SupportedThe EPA website changed from saying PFOA manufacture and import had been phased out to saying companies may produce, import and use quantities of it.World news | The Guardian: “The EPA site previously stated: “The manufacture and import of Pfoa has also been phased out in the United States.” It now reads: “Quantities of Pfoa may be produced, imported, and used by companies … ””
SupportedThe International Agency for Research on Cancer classifies PFOA as “carcinogenic to humans” and PFOS as “possibly carcinogenic”.World news | The Guardian: “the International Agency for Research on Cancer classifies Pfoa as “carcinogenic to humans” and Pfos as “possibly carcinogenic”.”
SupportedThe EPA ordered Inhance in March 2022 to “immediately cease” production.World news | The Guardian: “the EPA disagreed, again ordering Inhance in March 2022 to “immediately cease” production.”
SupportedKyla Bennett said: “That was demonstrably false, and now they have admitted it.”World news | The Guardian: ““But that was demonstrably false, and now they have admitted it.””
Partly supportedPatricia van Ee said Inhance had reduced PFOA “impurities” by 90%.World news | The Guardian: “In its statement, Inhance said that it made adjustments to reduce by 90% the level of Pfoa “impurities”.”
SupportedPatricia van Ee wrote that peer-reviewed third-party assessments found the estimated exposure did not pose an unreasonable risk.World news | The Guardian: ““Published peer-reviewed third-party risk assessments conclude that estimated exposure does not present an unreasonable risk to human health or the environment,” Inhance chief operating officer Patricia van Ee wrote.”
SupportedIn a response dated 18 September, Douglas Troutman wrote: “In response to Peer’s request, the EPA is updating its websites.”World news | The Guardian: “In a response dated 18 September, EPA assistant administrator for chemical safety and pollution prevention, Douglas Troutman, wrote: “In response to Peer’s request, the EPA is updating its websites.””