San Francisco, CA: Plaintiffs’ attorneys had a good day at the courthouse on Tuesday, Jan 16 in San Francisco, as a pre-trial hearing wrapped up before the start of a 9-day federal trial over fluoride’s neurotoxicity, according to the Fluoride Action Network (FAN).
Key moments:
- The trial will take place in-person in San Francisco and will also be live streamed on Zoom.
- Court says suppressed NTP fluoride report will be given a “fair amount of weight” at trial.
- Court ruled that NTP’s Scientific Director will be allowed to testify on the NTP report
- FAN attorneys introduce evidence that a key EPA witness lied under oath.
The trial will take place in-person in San Francisco and will also be live streamed on Zoom
The Court ruled on Tuesday that the fluoride trial will be live streamed on Zoom, while the trial proceedings will still be in-person. All counsel and witnesses (save for the impeached witness) will appear live in the court room in San Francisco. Trial dates are Jan 31 through February 13.
NTP Report on Fluoride Neurotoxicity
In October and December 2022, FAN introduced evidence in the case showing political pressures had prevented NTP from releasing its long awaited report. The Court lifted the pause on the trial and permitted additional discovery into the NTP review. After extensive negotiations, the DOJ agreed to produce a draft copy of NTP’s suppressed report on fluoride in December 2022.
At the pre-trial hearing on Tuesday, the Court said It no longer mattered that the report was still in draft form. The draft was going to be given “a fair amount of weight” in the trial.
On the question of whether political suppression of the NTP report would factor into the trial, the Court reiterated that it is most interested in the scientific merits of the report.
The Court also ruled that the NTP’s former Scientific Director will be allowed to testify that NTP’s May 2022 Monograph on fluoride was a final and complete report that NTP’s scientific staff, including himself, believed should be published.
FAN attorneys introduce evidence that a key EPA witness lied under oath.
The EPA is heavily relying on an expert witness, Dr. Jesus Ibarluzea, who conducted a study that found that not only does fluoride NOT lower IQ, but it can transform an average IQ boy living in non-fluoridated areas to a genius (i.e., it increases the IQ of boys by 28 points).
The study conducted by Dr. Ibarluzea features prominently in this case. After being deposed by FAN attorneys, Dr. Ibarluzea withdrew from any further participation in the case and will not testify in-person at the trial.
At Tuesday’s hearing, FAN’s attorneys presented a document recently obtained under the Freedom of Information Act (FOIA) that directly contradicts what Dr. Ibarluzea stated under oath. During his deposition, Dr. Ibarluzea was asked whether he ever asked anyone to delete information about his fluoride study, to which he responded “never, never, never, ever.”
According to the FOIA document, however, Dr. Ibarluzea sent the CDC’s Division of Oral Health an email about his study, which ended with the words “Please delete this message.” The contents of the message remain unknown because CDC’s FOIA office redacted the entire email with the exception of the “Please delete this message” instruction.
Over the DOJ’s objection, the Court permitted Plaintiffs to introduce this FOIA document as evidence at trial.
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