FOR IMMEDIATE RELEASE
Wednesday, October 29, 2025
CONTACT
Kyla Bennett [email protected], (508) 230-9933
Jeff Ruch [email protected], (510) 231-7028
EPA’s Principal Claim of PFAS Progress Is Untrue
Deadly Long-chains Are Manufactured Daily and Threaten Public Health
Washington, DC — The U.S. Environmental Protection Agency’s (EPA) prominent declaration that one of the two most widely-used forms of “forever chemicals” has been phased out of domestic production is clearly false and those claims should be publicly retracted, according to a complaint filed today by Public Employees for Environmental Responsibility (PEER). In fact, EPA has taken recent enforcement action, albeit ineffectual, against the U.S. company manufacturing the very chemicals EPA claims on its website have been discontinued.
Per- and polyfluoroalkyl substances (PFASs) are toxic man-made chemicals which do not break down in the environment and bioaccumulate in humans; they have been found to be associated with cancer and an array of other maladies. One of the earliest and most dangerous forms of PFAS is PFOA, for which EPA has determined there is no safe level of exposure and may cause harmful effects in drinking water at any concentration above zero.
The current EPA has been hesitant to take regulatory action against the thousands of other PFAS on the grounds that these two most pervasive and virulent are no longer made in the U.S. However, PFOA and several other long-chain PFAS have been consistently detected by EPA and independent researchers in plastic containers fluorinated by Inhance Technologies, LLC.
The company’s fluorination process creates a chemical barrier on the plastic container to make it more durable, but it also imparts unsafe levels of PFOA to the container, which leaches into the container contents, including pesticides, personal care products, edible oils, and other consumer products. Inhance fluorinates an estimated 200 million containers per year.
On December 1, 2023, EPA ordered Inhance not to produce PFAS, including PFOA, in the production of its fluorinated plastic. While that order was overturned by the Fifth Circuit holding that EPA exceeded its authority under the Toxic Substances Control Act (TSCA), the Court did not question EPA’s findings and emphasized that EPA had ample authority under other sections of TSCA to regulate the fluorination process. EPA declined to appeal that ruling and withdrew further action against Inhance, which continues its fluorination process to this day.
“It is the height of hypocrisy for EPA to pretend these chemicals are no longer being manufactured when they are permeating our chain of commerce,” stated PEER Science Policy Director Kyla Bennett, a scientist and attorney formerly with EPA, noting that EPA’s own laboratory tests confirmed the presence of the chemicals in container linings. “EPA’s conflicted position epitomizes an approach to PFAS control that is both irresolute and irresponsible.”
PEER’s complaint is filed under the Information Quality Act and demands that EPA correct its web-posting within 90 days or provide a defense of the challenged information.
“EPA cannot continue to address PFAS on a chemical-by-chemical basis,” added Bennett, pointing out that there are more than 13,000 different PFAS, with more being developed. “EPA should regulate all 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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See EPA’s Fact Sheet on PFOS and PFOA
Look at PEER suit vs EPA on PFAS-laden plastic containers
Examine PEER’s prescription for PFAS regulation
PEER protects public employees who protect our environment. We are a service organization for environmental and public health professionals, land managers, scientists, enforcement officers and other civil servants dedicated to upholding environmental laws and values. We work with current and former federal, state, local and tribal employees.
