Thankfully, the Court made it clear to both parties that it expects to be provided with the NTP review before the next status hearing set for early January, regardless of what process is used to get it. The Court urged both parties to come together and find a way to get the current NTP review into the Court’s hands “voluntarily,” but our attorney, Michael Connett, was also told that if he needs the Court’s help “using subpoenas or a motion to compel,” he knows where to find the Judge. This was another victory for our side, as the Court clearly agreed with our argument that the updated NTP draft was worth looking at, and took action to obtain it.

In agreement with FAN’s position, the Court reiterated its preference for a phase-two of the trial, with additional expert testimony. The Court also wants the NTP Director to explain in detail the remaining timeline for publishing their “final” review and the criteria for determining whether the review will be published or not.

Once the Court has the NTP review, the Judge will read it, as well as consider the NTP Director’s responses to his questions. A determination will then be made whether to wait a little longer for the NTP to publish a “final” report, or admit the NTP draft as evidence, allowing us to immediately move the trial into the next phase.

We should find out at the next status hearing, scheduled for Tuesday, January 10, at 2:30PM (Pacific). 

• For more information about lawsuit, including a trial timeline and documents, click here.
• For more information on the NTP’s Review, click here.

The next status hearing for our federal TSCA lawsuit against the US Environmental Protection Agency (EPA) to end the use of fluoridation chemicals was originally scheduled for this upcoming Tuesday, September 20th, but has again been rescheduled by the Court. While we suspect that you are as frustrated as all of us here at the Fluoride Action Network (FAN) about the two year delay since our trial was held, we have some promising news.

First, the next hearing before the Court is now scheduled for Wednesday, October 26th at 3:30PM (US Pacific) / 6:30 (US Eastern).

Watch the trial live on Zoom:

https://cand-uscourts.zoomgov.com/j/1619911861?pwd=TjVma1lnMlJlNHR3ZE9QMkFjNkFndz09

Webinar ID: 161 991 1861
Password: 912881

Second, the October hearing is expected to be more than a typical status update from both parties.  For the past two years, the Court has been awaiting the final publication of the National Toxicology Program’s review on fluoride’s neurotoxicity.  This final publication was expected at the end of 2021, then promised again earlier this year, with May being the long-awaited release date.  However, May came and went without any sign of the NTP report.  For this reason, the Court continued to postpone our status hearings throughout the Summer.

In response to this indefinite postponement, last week FAN’s attorneys filed a motion asking the Court to take the case out of abeyance and to restart it with an abbreviated second trial to review the latest scientific studies and NTP review.  The NTP report is the culmination of years of research and work, and has already gone through at least three peer reviews. There is no longer a reasonable justification to wait for the powers-that-be to decide when, or if, it should be released to the public. We feel there is enough evidence available from the publicly available draft NTP reports and from other materials since the trial in June 2020 to complete the case and for the Court to render a decision.  We’re confident the evidence is also strongly in our favor, including from the NTP’s review.

In short, we’ve patiently waited for the National Institutes of Health and the NTP to finalize this review of fluoride’s neurotoxicity.  We’re done waiting.  It’s time for justice to be served, and we’re hoping that the October hearing will bring us closer to that end.

Thank you for your continued support,

Stuart Cooper
Executive Director
Fluoride Action Network