Fluoride Trial: Ruling Delayed As Judge Asks Defense And Plaintiffs To Discuss New Evidence
The Florida Action Network sued the FDA in the US District Court for the Northern District of California. The judge halted the trial so the parties can go over new evidence about fluoride.
So the delay is to wait for a new study to come out. The judge has already agreed that fluoride can cause harm to the human brain and is a neurological hazard.Over the last two weeks, Judge Chen has heard arguments from witnesses with the FAN and EPA. Attorneys with FAN argue that water fluoridation violates the 1970 Toxic Substances Control Act provisions which prohibit the “particular use” of a chemical which has been found to present an unreasonable risk to the general public. Under section 21 of the TSCA citizens are allowed to petition the EPA to regulate or ban individual chemicals.
Judge Chen suggested the FAN file a new petition with the EPA, a suggestion which plaintiffs attorney Michael Connett was not eager to accept given the fact that it has taken four years to get the lawsuit to court. Connett told the court that the plaintiffs might not have the resources to continue this fight for another couple of years and cautioned against delaying a ruling because it would continue to endanger Americans due to ongoing fluoride exposure. The EPA’s attorneys were equally disinterested in a delayed ruling, stating that there is “no way” the EPA could conduct a review within the required 90 days.
Judge Chen said he was only discussing delaying the ruling for another couple of months, not years. Chen also noted that the evidence presented by both sides went “well beyond administrative record, because so much has changed since that petition was filed” in 2016. “Doesn’t it make sense to have the agency take a second look?” Judge Chen asked the attorneys for the EPA and FAN.
Judge Chen noted that the National Academy of Science is expected to publish a study later this year and the National Toxicology Program is working on a review of the literature on fluoride. These new studies, he said, should be considered by the EPA. The judge did acknowledge it is undisputed that fluoride can cause harm to the human brain and is a neurological hazard. The disagreement between EPA and FAN hinges on arguments over the levels at which fluoride causes neurological damage.