The Petition
In 2017, Dr. Paul Connett PhD and Dr. Bill Hirzy PhD, on behalf of the Fluoride Action Network (FAN), Food and Water Watch (FWW), Moms Against Fluoridation (MAF), as well as several individuals, served the EPA with a petition calling on the agency to ban the addition of fluoridation chemicals to public water supplies due to the risks these chemicals pose to the brain.
The Petition was submitted under Section 21 of the Toxic Substances Control Act (TSCA) because it authorizes EPA to prohibit the “particular use” of a chemical that presents an unreasonable risk to the general public or susceptible subpopulations. TSCA also gives EPA the authority to prohibit drinking water additives.
Citizen Petition Urges EPA To End Water Fluoridation
Watch on Dr. Connett and Dr. Hirzy deliver the petition to EPA Headquarters in Washington, D.C.
The Initial Hearings
EPA denied the petition on February 27, 2017, claiming that: “The petition has not set forth a scientifically defensible basis to conclude that any persons have suffered neurotoxic harm as a result of exposure to fluoride in the U.S. through the purposeful addition of fluoridation chemicals to drinking water or otherwise from fluoride exposure in the U.S.” FAN and other plaintiffs then sued the EPA and won a series of favorable court hearings in 2017 and 2018 on plaintiff’s standing and trial discovery, while defeating several motions by EPA attempting to dismiss the case.
In late 2019 both FAN and EPA submitted motions for summary judgment in the case in the hopes that the judge would rule on the evidence submitted to the court without the need for a lengthy trial. On December 30, 2019 the Court released its order denying both plaintiffs’ and defendant’s motions for summary judgment. This means that our case will go forward. Trial is scheduled for two weeks beginning April 20, 2020 and will run for two weeks.
TSCA Update: Fluoride Case Has Been Cleared for Trial!
Watch on Attorney Michael Connett: “this is the first time in its 43-year history that citizens have been able to successfully bring a suit to court under provisions in TSCA."
Pre-Trial
On March 17, 2020 the Court postponed the April 2020 fluoride lawsuit trial dates due to the coronavirus outbreak. The trial will now be held June 8-19 by Zoom webinar (instead of in person at the courtroom).
In a May 2020 pre-trial hearing, the Court cleared the way for three international experts in neurotoxicity (Dr. Howard Hu, Dr. Philippe Grandjean, and Dr. Bruce Lanphear) to testify on the risks of fluoride in public water supplies on behalf of the plaintiffs.
The court also ruled that the purported benefits of community water fluoridation cannot be part of the trial, restricting testimony to the toxic risks under the Toxic Substances Control Act (TSCA) Read the May 2020 trial declarations from our 4 witnesses:
Philippe Grandjean, MD, PhD
Howard Hu, MD, MPH, ScD
Bruce Lanphear, MD, MPH
Kathleen Thiessen, PhD