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Water Fluoridation Challenged in U.S. Federal Court Case

fluoride in drinking water

A long-standing and polarizing debate over community water fluoridation was brought to the U.S. District Court last year when several organizations including Food & Water Watch, Inc. filed a lawsuit against the Environmental Protection Agency (EPA) to remove fluoride from tap water under the Toxic Substances Control Act (TSCA).1 The court case, which began in June of 2020, has been in abeyance since last fall, with the court waiting for publication of additional studies and reports before proceeding with the trial.2

One of those reports was a pooled benchmark dose (BMD) analysis from the National Institutes of Health (NIH). This peer-reviewed analysis confirmed the plaintiff’s stance that fluoride was a neurotoxicant and its effects “may be even greater than for other toxic elements like lead, mercury, and arsenic.”3 The case was set to begin again on Sept. 14, 2021 but was further delayed as U.S. Court District Judge Edward Chen awaits results of a systematic review of fluoride neurotoxicity from the National Toxicology Program.

Research Finds Fluoride is a Neurotoxin Associated with Decreases in IQ

After dozens of studies continued to emerge demonstrating that water fluoridation is associated with neurotoxic harms in both human and animal studies, several organizations petitioned for removal from U.S. tap water under Section 21 of the TSCA. This section allows for citizen petitions to the EPA to repeal or amend harmful substances that pose an unreasonable risk. The petition was the first ever to be dismissed by the EPA which led to the organization’s decision to file the lawsuit in 2017.4

One of the more well-recognized studies, which was published by JAMA Pediatrics in 2019, found that children whose mothers were exposed to fluoridated water during pregnancy had significantly lower IQ levels.5 The journal’s editor-in chief- stated that these drops in IQ were “sizable” and “on par” with IQ drops seen in children who were exposed to lead.6 An article from JAMA Pediatrics entitled “Translating Best Evidence into Best Care,” issued in July 2020, stated that fluoride should be avoided for pregnant mothers and infants due to significant findings of lower measures of intelligence and behavior.7

During trial, federal judge Edward Chen stated that it is “undisputed” that fluoride can be a neurological hazard that the EPA does not dispute. The remaining question which was discussed heavily by experts is at what level this occurs.

EPA Hired Consultation Company Known for Defending Chemicals

Closing arguments from the plaintiff’s attorney Michael Connett pointed out that the EPA’s witness testimonies included experts hired by the consulting company Exponent, Inc., rather than the organization’s own experts on fluoride.8 Exponent, Inc. is a consulting firm known for its “hired white coat experts” who in the past have defended nicotine and Agent Orange. Former OSHA administrator David Michaels has said about Exponent: “You don’t hire Exponent to give you fresh eyes and an independent view to protect public health. You hire Exponent to defend a chemical.”9

Approximately 75 percent of Americans who use tap water are exposed to fluoride.10 The practice of community water fluoridation began in 1945 and was declared one of the “The Top Ten Public Health Achievements of the 20th Century” by the CDC, despite 94% of Americans over 18 having experienced dental cavities.11vThe type of fluoride that is currently in drinking water is hydrofluorosilicic acid (HSA) which is a byproduct of the phosphate fertilizer industry and has never been studied. 12

Fluoride Presents an “Unreasonable Risk”

Regarding fluoride’s risk, Dr. Kathleen Thiessen, a senior scientist at SENES Oak Ridge, Inc.’s Center for Risks Analysis stated:

Fluoridation chemicals present an ‘unreasonable risk’ of neurotoxic effects, including IQ loss, if assessed under the same risk characterization and risk determination framework that the EPA uses in its evaluations of other chemicals under the TSCA.13

Dr. Thiessen also served as a panelist for the National Research Council’s (NRC) Review of fluoride. Findings from this 450-page fluoride review led to the NRC recommending that the fluoride safety standard be reduced. This review identified several health affects including damage to the brain, endocrine disruption, bone cancer, and tooth and bone damage.14

The fluoridation trial is expected to resume in January 2022.


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Click here to view References:

1 Carignan S. New health data puts EPA’s fluoride toxicity trial on ice. Bloomberg Law June 17, 2020.
2 Bradford T. Legal battle over water fluoridation continues. Gloucester Daily Times Aug. 10, 2020.
3 Food & Water Watch, et al. Notice of the publication of the pooled benchmark dose anlaysis of the ELEMENT and COHORT studies. June 10, 2021.
4 Pujari D, Benbow C. Insight: fluoridation case challenges EPA chemical evaluation. Bloomberg Law Aug. 7, 2020.
5 Green R. Lanphear B, Hornung R. Association between maternal fluoride exposure during pregnancy and IQ stores in offspring in Canada. Journal of the American Medical Association Aug. 19, 2019.
6 Children’s Health Defense Team. More evidence that fluoride lowers IQ: Will the CDC keep ignoring it? Aug. 27, 2019.
7 Bashash M. Translating best evidence into best care. The Journal of Pediatrics July 2020.
8 McGreevy, T. Landmark trial on water fluoridation & EPA on pause until August 6. River Cities Reader July 8, 2020.
9 Wittenberg A. EPA hired consultants to counter staff experts on fluoride. E&E News Oct. 13, 2020.
10 Chuck E. Science says fluoride in water is good for kids. So why are these towns banning it? NBC News Oct. 17, 2018.
11 U.S. Centers for Disease Control and Prevention. Achievements in public health, 1990-1991: Fluoridation of drinking water to prevent dental caries. MMRW Oct. 22, 1999.
12 Edwards C. I’m a dentist and oppose fluoride in our drinking water. Florida Today Dec. 2, 2019.
13 Fluoride and human health: an interview with Dr. Kathleen Thiessen. Fluoride Action Network Apr. 16, 2021.
14 National Research Council. Fluoride in Drinking Water: A Scientific Review of EPA’s Standards. The National Academies Press 2006.

16 Responses

  1. We were challenging the toxicity of PUBLIC WATER SUPPLY FLUORIDATION in Ft. Collins, CO, in the early ’90s. Unlike any other issue, the powers-that-be put it up for a public vote and got to keep on doing it.

    REVERSE OSMOSIS your own water in your own home.
    NEVER trust government, at any level.

    1. OK, But reverse osmosis also strip your water of any beneficial minerals in the water… + it uses double the amount of water to produced the filtered water. In addition not everyone can afford such a system for their house. So the most meaningful step for the good of all humanity is still to fight for removal in all public water system.

      I agree on the NEVER trust government at any level though.

  2. A neurotoxin is cumulative, so the more exposure in humans the more damage done. In the 1950’s the issue of black and white marriage was decided by the U.S. Supreme Court. If it were put up for a public vote at that time 80% would have voted against it. This is not about what’s popular, this is about doing what’s right and protecting Americans from documented brain damage by following the science.

  3. Most countries avoid fluoridation like the plaque.
    The truth is spreading and people everywhere are learning that fluoride in drinking water is ineffective for teeth and dangerous to health (brain, thyroid, brittle bones, kidney). With any drug, we all deserve freedom of choice and not being forced to consume it.
    Consider that 95% of the world rejects fluoridation:
    In the US, 74 % fluoridated (more than the rest of the world combined).
    In Europe, only 3%.
    In the world, only 5%.
    In Canada, now 30% — down from 45% in seven years.
    China, India and Japan have rejected it years ago.

  4. So typical, fluoridation might be harmful so we’ll delay deciding until we have even more info. No urgency at all. The court could, but won’t, issue an injunction to cease fluoridation until it’s proven safe. That would be following the Precautionary Principle, but we don’t want to take care of America’s children, after all they’ve been drinking it for so long, what are a few more months of losing IQ every day?

  5. Water fluoridation may be part of the explanation for the passivity of much of the American population. Europe is not fluoridated and they seem to resist the current agenda in much higher percentages. Fluoridation depresses thyroid function and makes people lethargic and docile. Along with all the other negative health impacts, such as cancer and raising levels of heavy metals.

  6. Does anybody want to answer the question:
    “Why does the American hierarchy want our children [and us] at a cognitive disadvantage?”

  7. When we discuss flouride, we should make it clear that we are talking about whether it’s “sodium” flouride, an ingredient in rat poison or “calcium “ flouride which is a naturally occurring mineral and can be found in vegetation that is grown organically. I contacted my public water company years ago to ask which one they were using in our water system and nobody would respond. Imagine the swimming pools that are loaded with not only flouride, but chlorine also. When those 2 are mixed in the water, another substance is created, it couldn’t possibly be safe!!!!!!

  8. Modern science indicates that ingested fluoride, neither a nutrient nor essential, is ineffective at reducing tooth decay and is health harming. Fluoride’s adverse effects to kidneys and kidney patients is 100 years old, thyroid effects are well-documented and more. There are now 70 human studies showing that fluoride is neurologically damaging. Politic$ not science supports fluoridation.

  9. I’m a strict vegan of 31 years, my diet is jam-packed with calcium flouride, my bones/ teeth are very strong, sodium flouride is a by-product of industrial creation of certain metallic materials, those industries used to dump it in lakes, streams,etc.until they were fined for it, they had to find another way to get rid of it, like toothpaste, dental offices and our drinking water. Don’t believe that propaganda about calcium flouride, you we certainly not born yesterday, research more from neutral scientists and chemists that are not paid to make false statements.

  10. What could be BAD about fluoride? I mean it was an ingredient in the atomic bomb, I’m sure it’s good for you. Yes, I’m being sarcastic. It’s also a waste product of aluminum manufacturing, so it probably gives you your daily dose of heavy metals too.

    It also makes people more passive and docile, so they don’t revolt.

  11. Flouride is used to treat over active thyroid.
    The dosage over laps the dosage used in our water.
    Under active thyroid caused .
    Decrease metabolism.
    ( Weigh gain and depression)
    Memory loss.

    They should not put flouride in water going to people with under active or weak thyroid.

    IL has reduced the level of flouride added to water.

  12. I recently learned this- A person absorbs more toxins by taking one shower than by drinking 8 glasses of water!
    Your skin (largest organ) absorbs the water from your bath or shower. A hot shower produces steam that turns many of the chemicals into poisonous gases which are inhaled or absorbed thru the skin. Also, the steam pouring into steam rooms- uses regular tap water so it’s a poisonous gas chamber. Hot tubs are loaded w chlorine which suppresses the immune system. Use ozone or oxygen to purify.
    P.S. Sun screens, lotions, soaps, cosmetics contain poisons and CAUSE cancer. If u can’t eat it, don’t put on your skin!

  13. As usual, big industry wins. The last thing effectively regulated was lead and asbestos.

    It’s a true miracle that people still believe anything the government has to say. Policy for sale.

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