PEER Files IQA Request to Correct EPA Claim That PFOA Has Been Phased Out

Bergeson & Campbell, P.C.
Contact

Bergeson & Campbell, P.C.

On October 29, 2025, Public Employees for Environmental Responsibility (PEER) announced that it filed an Information Quality Act (IQA) request with the U.S. Environmental Protection Agency (EPA) regarding statements on EPA’s website that perfluorooctanoic acid (PFOA) has been phased out of domestic production. According to PEER, two EPA publications on its website contain erroneous information about PFOA:

  • EPA Questions and Answers About TSCA,” Q8 states: “[Is] … perfluorooctanoic acid (PFOA), and other long-chain [per- and polyfluoroalkyl substances (PFAS)] still being manufactured or imported into United States?” According to EPA’s answer, “[t]he manufacture and import of PFOA has also been phased out in United States as part of the PFOA Stewardship program. Existing stocks of PFOA might still be used and there might be PFOA in some imported articles.”

According to PEER, these statements are inaccurate, incomplete, and misleading. PEER cites EPA’s discovery in December 2022 that “post-mold fluorination of plastic containers resulted in the manufacture of PFOA and numerous other PFAS.” PEER notes that “[o]nce EPA identified the company fluorinating the plastic bottles which resulted in the manufacture of PFOA and other PFAS, EPA learned that 200 million containers were fluorinated annually, and used in numerous sectors of commerce.” In December 2023, EPA stated that “[t]hese data therefore show that . . . [PFOA is] . . . still being manufactured during the Company’s fluorination process,” contradicting its statement that PFOA is no longer being manufactured in the United States. PEER seeks the public withdrawal of these questions and answers and asks that EPA “[i]ssue a public statement, posted on official websites and accompanied by an EPA press release, that PFOA is manufactured in the United States today.”

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Bergeson & Campbell, P.C.

Written by:

Bergeson & Campbell, P.C.
Contact
more
less

What do you want from legal thought leadership?

Please take our short survey – your perspective helps to shape how firms create relevant, useful content that addresses your needs:

Bergeson & Campbell, P.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide