plastic containers

July 26, 2024

EPA has failed to protect consumers from PFAS-laced containers, lawsuit alleges

By Shannon Kelleher

US regulators have failed to protect the public from millions of plastic containers that contain toxic PFAS chemicals, which can leach into pesticides, condiments, household cleaners, and many other products, alleges a lawsuit filed this week by environmental groups.

The lawsuit, filed Thursday in the US District Court for the District of Columbia, alleges that the US Environmental Protection Agency (EPA) violated the Toxic Substances Control Act (TSCA) by neglecting to demand that manufacturers stop making containers using a fluorination process that results in per-and polyfluoroalkyl substances (PFAS).

When the EPA proposed drinking water regulations for six PFAS chemicals in March 2023, the agency stated it had determined there is no safe level of perfluorooctanoic acid (PFOA), and that this type of PFAS is likely to cause cancer. Under the TSCA, the agency had six months to start addressing PFOA’s presence in plastic containers but failed to do so, allege the Center for Environmental Health (CEH) and Public Employees for Environmental Responsibility (PEER).

“EPA’s failure to protect the public from exposures to toxic PFOA in their daily lives is inexcusable and reflects a severe leadership deficit at the agency,” said Kyla Bennett, science policy director for PEER, in a statement.

The EPA declined to comment, citing pending litigation.

PFOA is one of thousands of PFAS chemicals, which do not break down naturally in the environment and are found in the blood of most Americans. PFAS are in many everyday products, including nonstick cookware, dental floss, rain gear, and makeup.

March 25, 2024

US court blocks EPA order to eliminate PFAS in plastic containers

By Shannon Kelleher

A US appeals court has vacated an action by the US Environmental Protection Agency (EPA) ordering a company to stop producing plastic containers that leach toxic per- and polyfluoroalkyl substances (PFAS) into pesticides, household cleaners, condiments, and many other products.

The 5th US Circuit Court of Appeals on March 21 ruled that the EPA exceeded its statutory authority when it issued orders to Texas-based Inhance in December prohibiting the company from manufacturing or processing PFAS through its fluorination process for containers.

The EPA move came after the agency determined that types of PFAS created during the fluorination process “are highly toxic and present unreasonable risks that cannot be prevented other than through prohibition of manufacture.”

The agency issued the orders under the Toxic Substances and Control Act (TSCA), which authorizes the EPA to regulate and screen chemicals produced or imported into the US.

But Inhance challenged the EPA’s action, arguing that the EPA improperly sought to take action against the company under a section of TSCA dealing with new uses of chemicals, and that Inhance’s process did not constitute a new use.

The court agreed that the fluorination technique Inhance uses to prevent liquids from leaking out of its plastic containers – a process that creates PFAS chemicals – does not count as a significant new use since Inhance has been using this process since 1983.

February 16, 2024

EPA is illegally concealing data about PFAS in millions of plastic containers, lawsuit alleges

By Shannon Kelleher

The US Environmental Protection Agency (EPA) is breaking the law by concealing health and safety data about a class of toxic chemicals called PFAS found in millions of plastic containers, two environmental advocacy groups allege.

The agency is refusing to turn over data on toxic per- and polyfluoroalkyl substances in high-density polyethylene (HDPE) plastic containers produced by the company Inhance, citing “confidential business information.”

Public Employees for Environmental Responsibility (PEER) and the Center for Environmental Health (CEH) have been seeking data held by the EPA about the company and its containers through a 2023 Freedom of Information Act (FOIA) request. But the agency has redacted and withheld key information, the groups allege.

They filed a lawsuit against the EPA on Thursday claiming the agency is violating the Toxic Substances Control Act (TSCA) by refusing to provide the requested data for public scrutiny.

“The cloak of confidential business information cannot be used to hide health and safety studies as EPA is currently doing,” Colleen Teubner, a PEER lawyer, said in a press release. “By sitting on this critical information, EPA is advancing the private interests of a corporate violator and shirking its public health responsibilities.”

The groups sent a demand letter to EPA in November, arguing that the agency “has no statutory basis” for its refusal to turn over information.

Last year, the EPA ordered Inhance to stop making plastic containers that contain PFAS following legal pressure from PEER and CEH. That order is set to go into effect Feb. 28.

December 6, 2023

EPA orders company to stop making plastic containers that leach toxic PFAS

By Shannon Kelleher
The US Environmental Protection Agency (EPA) has ordered a major company to stop producing hundreds of millions of plastic containers each year that contain toxic per- and polyfluoroalkyl substances (PFAS), which leach into countless products.

The so-called “forever chemicals” are produced by a fluorination technique that Inhance Technologies uses to prevent liquids from leaking out of high-density polyethylene (HDPE) plastic containers. The resulting PFAS can leach into pesticides, personal care products, household cleaners, condiments, and many other liquids stored within the containers.

“I’m stunned but pleased that EPA took such strong action and hoping the decision remains intact through whatever court case Inhance is going to bring,” said Kyla Bennett, the science policy director for the watchdog group Public Employees for Environmental Responsibility (PEER) and a former EPA employee. “It wasn’t easy getting them there, but they got there and that’s what matters.”

Inhance is “basically the only one in the world” that uses this particular fluorination process to treat plastic containers, Bennett said, adding that plastic containers from two ounces up to 55 gallon drums are affected and “we’re talking about really all sectors of the economy.”

The order, issued Dec. 1 under the Toxic Substances Control Act (TSCA), states that nine long-chain PFAS chemicals have been identified in Inhance containers, including perfluorooctanoic acid (PFOA), which was recently classified as carcinogenic to humans by the International Agency for Research on Cancer (IARC), an arm of the World Health Organization (WHO). The order will go into effect Feb. 28, 2024.