A federal appeals court has overturned an Environmental Protection Agency ban on methylene chloride, a chemical linked to at least 88 deaths since 1980, forcing the agency to reconsider its approach to regulating the dangerous paint stripper ingredient.
Mother Lost Son to Chemical Exposure
Lauren Atkins knows the deadly consequences of methylene chloride firsthand. Her son Joshua died in 2018 after using a paint stripper containing the chemical. An autopsy confirmed the cause of death. “There was no doubt what took my son’s life. It was methylene chloride inhalation,” Atkins said. The EPA had determined the chemical posed an unreasonable risk of injury to health and banned its commercial use in 2024 under the Toxic Substances Control Act.
The U.S. Court of Appeals for the Fifth Circuit struck down that ban this month after industry petitioners challenged the rule. The court ordered the EPA to reconsider how it addresses the risks posed by methylene chloride. Liz Hitchcock with Toxic Free Future explained the agency must now redo its remedy for the unreasonable risk the chemical presents.
Consumer Ban Remains, Commercial Use Restored
The ruling only lifted the 2024 ban on commercial use of methylene chloride. A separate 2019 EPA prohibition that prevents consumers from purchasing products containing the chemical at retail stores remains in effect. This means professionals in industries like furniture refinishing and bathtub resurfacing can now resume using methylene chloride-based paint strippers, while everyday consumers still cannot buy them at hardware stores.
Hitchcock warned the court’s decision could expose more workers to serious health risks. The chemical is linked to cancer, liver damage, and neurological damage. Some industries continue using methylene chloride because it works faster than alternatives, particularly for removing paint. “Methylene chloride as a paint remover is faster than the alternatives. But it is also faster at causing acute exposure effect, including death,” Hitchcock said.
Years-Long Review Process Ahead
The EPA could take years to issue a new ruling on the chemical. The agency must now balance industry concerns about alternative products with documented evidence of deaths from methylene chloride exposure. Since 1980, at least 88 people have died from acute exposure to the chemical, according to EPA data. The deaths span both professional users and consumers who encountered the substance in paint stripping products before retail restrictions took effect.
The case highlights ongoing tensions between regulatory agencies and industries over chemical safety standards. Industry petitioners successfully argued the EPA’s 2024 ban went too far, prompting the Fifth Circuit to order a fresh review of how to address the chemical’s risks without prohibiting its commercial use entirely.