Washington, DC — In a surprising development, the U.S. Environmental Protection Agency (EPA) has agreed that its past claims that the two most widely-used forms of “forever chemicals” had been phased out of domestic production is clearly false and has corrected its websites in response to a complaint filed by Public Employees for Environmental Responsibility (PEER). In fact, the toxic chemicals are in the lining of millions of plastic containers carrying an array of consumer, commercial, and industrial products, and these chemicals are leaching into the containers’ contents.

Per- and polyfluoroalkyl substances (PFAS) are toxic man-made chemicals which do not readily break down in the environment and bioaccumulate in humans; they have been associated with cancer and numerous other maladies. EPA has repeatedly stated that PFOA and PFOS, two of the most pervasive and virulent forms of PFAS, are no longer produced in the U.S. and has used this claim as one reason to delay regulation of PFAS.

In a complaint filed on October 25, 2025, PEER cited these claims as false and demanded their removal under the requirements of the Information Quality Act, which mandates that data distributed by federal agencies be complete and accurate.

In a response dated this September 18^th, EPA Assistant Administrator for Chemical Safety and Pollution Prevention Douglas M. Troutman wrote, “In response to PEER’s request, EPA is updating its websites…We removed this text: ‘The manufacture and import of PFOA has also been phased out in United States’” and inserted the following: “Quantities of PFOA may be produced, imported, and used by companies…”

“This rare touch of candor by EPA is welcome, but it does not address the free flow of toxic PFAS saturating our food, water, and soil,” stated PEER Science Policy Director Kyla Bennett, a scientist and attorney formerly with EPA, noting that EPA is fighting efforts by PEER and allied groups to stop the manufacture of PFAS-laden plastic containers. “Now that EPA has admitted that these two legacy PFAS are still manufactured in the U.S., it is past time to take effective enforcement action.”

Notably, EPA’s affirmative response to PEER’s “Request for Correction” under the Information Quality Act took nearly 11 months, while the Act requires a response within 90 days.

“EPA has already determined there is no safe level of PFOA and PFOS in drinking water, but is delaying action on that conclusion,” added Bennett, pointing out that EPA has recently pushed enforcement of the Maximum Contaminant Levels in drinking water for PFOA and PFOS back to 2031. “Rather than continue playing regulatory hide-and-seek, EPA should regulate the thousands of PFAS as a family of chemicals, ban non-essential uses, and set comprehensive, consistent standards for PFAS across all environmental statutes.”

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Look at the 2025 PEER complaint

Read changes EPA made to its website

See ongoing problem of PFAS in container lining

PEER protects public employees who protect our environment, natural resources, and public health. We support current and former environmental and public health professionals, land managers, scientists, enforcement officers, and other civil servants dedicated to upholding environmental laws and values across federal, state, local, and tribal governments.