Conservative fifth circuit overturns EPA’s ban prohibiting Inhance from using manufacturing process creating toxic compound
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    8 months ago

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    A federal appeals court in the US has killed a ban on plastic containers contaminated with highly toxic PFAS “forever chemicals” found to leach at alarming levels into food, cosmetics, household cleaners, pesticides and other products across the economy.

    Houston-based Inhance manufactures an estimated 200m containers annually with a process that creates, among other chemicals, PFOA, a toxic PFAS compound.

    Inhance said in a statement its “technologies … keep thousands of tons of harmful chemicals and fuels out of the environment, preserve product quality, and ensure compliance with many global regulations”.

    Bennett and the EPA found in 2020 that PFAS were leaching into pesticides held by containers Inhance produced, and several follow-up studies reconfirmed the problem.

    Since 2020, Inhance appears to have repeatedly lied to regulators and customers about whether PFAS leached from its containers, and for several years resisted EPA’s demands to submit its process for review.

    Bennett also noted that the EPA and other companies have found alternatives to treating containers with PFAS, including those that are strong enough for storing highly corrosive substances, like pesticides.

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