Public health coalition wins lawsuit against EPA for lack of fluoride oversight

The Environmental Protection Agency (EPA) needs to better regulate fluoride in drinking water because, at current nationwide levels, the compound may present an unreasonable risk to public health—especially for children, a federal judge in California ruled.

While U.S. District Judge Edward Chen stopped short of saying that adding fluoride to water is harmful, he ultimately sided with a coalition of advocacy groups, including Food & Water Watch and the Fluoride Action Network, who sued the EPA under provisions of the Toxic Substances Control Act.

The plaintiffs argued evidence of the negative effects of fluoride in drinking water is enough to warrant a regulatory response. Judge Chen ultimately agreed.

"The scientific literature in the record provides a high level of certainty that a hazard is present; fluoride is associated with reduced IQ," he said, making sure to emphasize that the court ruling does not affirm any danger. Instead, Chen’s decision merely spurs the EPA to investigate and take appropriate action. 

Failed citizen petition led to trial

The plaintiffs in the case had been petitioning the EPA for more than a decade to regulate fluoride, but the agency consistently failed to act. As a result, Food & Water Watch made the decision to lead a class action lawsuit in 2017. Others were soon to join.

The ruling marks the first major federal court loss for the EPA in regards to fluoride in municipal drinking water—a nationwide project backed by the American Dental Association in 1945. Since then, recommended levels that balance health risk with dental benefits have been reduced multiple times—and they may now be reduced again in the near future. 

"The court’s historic decision should help pave the way towards better and safer fluoride standards for all," Michael Connett, a lawyer representing the coalition of plaintiffs, said in a statement.

The decision from the federal court was made on Tuesday. The EPA is currently reviewing the ruling and has yet to announce a plan of action. 

Chad Van Alstin Health Imaging Health Exec

Chad is an award-winning writer and editor with over 15 years of experience working in media. He has a decade-long professional background in healthcare, working as a writer and in public relations.

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