EPA Quietly Backtracks on US Phase-Out of Toxic PFAS Chemicals

By the Editorial Team · Monday, October 19, 2026

The EPA has updated its stance to confirm that the hazardous PFAS chemicals PFOA and PFOS are still being produced and used in the U.S., contradicting previous claims of a complete phase-out. This revelation exposes gaps in regulatory enforcement, as companies like Inhance continue to manufacture products leaching PFOA, raising ongoing health and environmental concerns.

The Environmental Protection Agency (EPA) has quietly revised its position regarding the presence and production of two hazardous per- and polyfluoroalkyl substances (PFAS) chemicals, PFOA and PFOS, in the United States, amid ongoing controversy over their continued manufacture and use. Previously considered phased out, new information shows these chemicals remain in production and use, raising concerns from health experts and environmental advocates.

PFOA and PFOS have long been flagged for their toxicity. The International Agency for Research on Cancer classifies PFOA as carcinogenic to humans and PFOS as possibly carcinogenic. The EPA recognizes that virtually no safe level of exposure exists for these substances in drinking water. Despite this, the agency is allowing Houston-based company Inhance to manufacture plastic containers linked to significant PFOA leaching.

The conflict traces back to the early 2000s when litigation against DuPont revealed widespread PFAS contamination and health hazards. Under mounting pressure, the EPA reached a voluntary agreement with eight PFAS producers in 2015 to phase out PFOA and PFOS. This agreement was seen as a significant step to control PFAS pollution. The agency regularly stated that the chemicals had been phased out and were no longer produced in the U.S.

However, last month the EPA altered language on its website to acknowledge that “quantities of PFOA may be produced, imported, and used by companies,” replacing a prior claim that manufacture and import had been completely phased out. The change followed a complaint from Public Employees for Environmental Responsibility (Peer), a nonprofit that argued the EPA's previous statements were inaccurate. Peer had uncovered evidence that the EPA was allowing continued PFOA production and use.

This disclosure contradicts earlier messaging and indicates the phase-out measures have not been fully enforced. EPA Assistant Administrator for Chemical Safety and Pollution Prevention Douglas Troutman confirmed the website update in a September 18 response to Peer but did not outline further regulatory actions.

The most contentious example concerns Inhance’s plastic containers, used widely across the U.S. economy, which testing showed leaching PFOA into stored contents. Peer first detected high levels of PFAS in pesticide containers made by Inhance in late 2020, prompting EPA investigations and a subpoena for company records. The EPA demanded Inhance cease production in March 2022, citing safety concerns, but the company denied the claims, continued production, and contested the EPA's findings.

Subsequent testing confirmed ongoing PFOA contamination in Inhance containers. The EPA renewed its order to halt production in December 2023, but a federal appeals court overturned this ban. Peer filed a lawsuit seeking enforcement, but the case was dismissed on grounds that the group lacked legal standing.

Kyla Bennett, Peer’s science policy director and a former EPA scientist, criticized the EPA’s approach, stating the agency’s “rare touch of candor” regarding ongoing production does not address the persistent spread of toxic PFAS chemicals in food, water, and soil. She called for stronger enforcement to protect public health.

As it stands, the EPA’s revised public statements acknowledge ongoing production of legacy PFAS chemicals but stop short of comprehensive regulatory action, highlighting a continuing debate over oversight and public safety related to these widely used toxic substances.

This article was reported by synthesizing coverage from multiple independent news outlets to present a balanced, unbiased account. Read about our editorial standards. Spotted an error? Let us know.