The Environmental Protection Agency has quietly backtracked on a claim that the United States has successfully phased out two of the most dangerous PFAS compounds, PFOA and PFOS. The EPA maintains that virtually no level of exposure to either chemical in drinking water is safe, while the International Agency for Research on Cancer classifies PFOA as carcinogenic to humans and PFOS as possibly carcinogenic. Despite these health risks, the agency has continued to permit a Houston-based company, Inhance, to produce millions of plastic containers from which PFOA has been found to leach at high levels. The firm manufactures up to 200 million plastic containers annually for use across the United States economy, presenting an ongoing threat to public health according to environmental advocates.
The original phase-out originated following landmark early 2000s litigation regarding DuPont's PFAS pollution in West Virginia, which exposed severe health risks associated with the ubiquitous chemicals. In 2015, amid intense pressure, the EPA reached an agreement with eight manufacturers to phase out production of PFOA and PFOS, a similar chemical produced by 3M. Although the agency stopped short of a complete ban, officials frequently repeated the claim that the chemicals had been phased out, creating the impression that they were no longer produced or used domestically.
Last month, the EPA quietly changed the wording on its website regarding the status of the compounds. The site previously stated that the manufacture and import of PFOA had been phased out in the United States, but it now reads that quantities of PFOA may still be produced, imported, and used by companies. The alteration was made in response to a petition filed under the Information Quality Act by the non-profit Public Employees for Environmental Responsibility, which pointed out that federal data must be accurate and that the EPA was actively permitting PFOA production.
An epidemiological panel convened during the previous DuPont litigation found that PFOA and PFOS likely cause cancer, heart disease, liver disease, and kidney disease, serving as the scientific basis for the initial phase-out agreements. Inhance, which was not one of the eight original companies that agreed to stop producing PFOA, has denied that the chemical leaches out in measurable levels and told reporters that any PFOA from its products constitutes an impurity. The company stated that it made adjustments to reduce PFOA impurities by 90 percent and that published risk assessments conclude estimated exposure does not present an unreasonable risk to human health or the environment.
The EPA's reversal follows years of regulatory and legal battles. The agency only realized PFAS were being added to plastic containers following testing in late 2020 and subsequently ordered Inhance to stop production, a directive that led to ongoing litigation and court challenges. Although the EPA eventually updated its online statements in response to the administrative complaint, advocates argue that simply correcting website language falls short of addressing the broader environmental presence of toxic compounds contaminating food, water, and soil across the country.