Fluoride Finally Declared an "Unreasonable Risk"

A look at the ruling that will have a widespread impact on the health of all American children

A seven-year battle between the EPA and the public interest regarding the fluoridation of public drinking water has finally concluded. This is an excellent result by Siri & Glimstad partner Michael Connett in securing a court order against the EPA. Great job, Michael!

U.S. District Court Judge Edward Chen concluded the following in his ruling:

“[T]he Court finds that fluoridation of water at 0.7 milligrams per liter (“mg/L”) – the level presently considered “optimal” in the United States – poses an unreasonable risk of reduced IQ in children…. [A] risk sufficient to require the EPA to engage with a regulatory response….”

“There is little dispute in this suit as to whether fluoride poses a hazard to human health. Indeed, EPA’s own expert agrees that fluoride is hazardous at some level of exposure. And ample evidence establishes that a mother’s exposure to fluoride during pregnancy is associated with IQ decrements in her offspring. The United States National Toxicology Program (“NTP”) – the federal agency regarded as experts in toxicity…. concluded that fluoride is indeed associated with reduced IQ in children, at least at exposure levels at or above 1.5 mg/L (i.e., “higher” exposure levels)….”

“In all, there is substantial and scientifically credible evidence establishing that fluoride poses a risk to human health; it is associated with a reduction in the IQ of children and is hazardous at dosages that are far too close to fluoride levels in the drinking water of the United States. And this risk is unreasonable under Amended TSCA. Reduced IQ poses serious harm. Studies have linked IQ decrements of even one or two points to e.g., reduced educational attainment, employment status, productivity, and earned wages.”

The NTP report referred to above can be found here. While we wait for the EPA to take the next step, many municipalities have already acted to remove fluoride from their water systems.