We have some big updates on our federal lawsuit.
In September of 2024, the Fluoride Action Network (FAN) won a historic 8-year-long legal battle in federal court against the U.S. Environmental Protection Agency (EPA) over the neurotoxicity of water fluoridation. The court ruled that fluoridation of water at 0.7 mg/L–the level considered “optimal” by proponents of fluoridation–“poses an unreasonable risk to reduced IQ in children,” and the risk is “sufficient to require the EPA to engage with a regulatory response.” Read the full court ruling.
In the court’s ruling, the judge pointed out the scope of the potential harm that’s occurring on a daily basis throughout the U.S.:
“The size of the affected population is vast. Approximately 200 million Americans have fluoride intentionally added to their drinking water at a concentration of 0.7 mg/L…. Approximately two million pregnant women, and over 300,000 exclusively formula-fed babies are exposed to fluoridated water.” [p. 76]
Contrary to what proponents of the fluoridation, like the American Dental Association, have been incorrectly telling policymakers and the media, the ruling doesn’t require the EPA to review the safety of fluoridation. The nearly decade-long trial was the safety review, and fluoridation failed. The court used its authority under the Toxic Substances Control Act (TSCA) to officially classify fluoridation chemicals as an unreasonable health hazard, triggering a federal law requiring the EPA to initiate a process to eliminate the risk. The EPA ought to have immediately started the rulemaking process in the fall of 2024 to promulgate new regulations banning the sale and use of fluoridation chemicals for water treatment purposes in an effort to protect public health as quickly as possible. However, that’s not what the agency did.
The US Court of Appeals for the Ninth Circuit gave the EPA a deadline of mid-January of 2025 to decide if they planned to appeal the ruling. On January 17th, several days before the appeal deadline and only three days before a new EPA administrator and presidential administration entered office, the EPA filed a Notice of Intent to Appeal.
After being granted four separate extensions of the deadline to submit an opening brief, the EPA finally filed their appeal in July. In its brief, EPA did not challenge the science or the merits of the court’s determination that fluoridation poses an unreasonable risk. Instead, EPA focused on procedural issues, including their view that the court should have ignored a series of groundbreaking new studies on fluoride and IQ, including one by the federal government’s own National Toxicology Program (NTP). EPA argued that the court should have ignored this new data because EPA did not have it in its possession when the agency denied our request to take action back in 2017.
Click on the image below to read the EPA’s appeal brief:
Fundraising Update
We have more news in regard to our lawsuit, including FAN’s response to the EPA, but first an important update on our annual fundraiser.
Ever since FAN petitioned the US Environmental Protection Agency (EPA) to prohibit the use of fluoridation chemicals under the TSCA in 2016, our goal has been to protect the public as quickly as possible. We understand that every day, hundreds of thousands of children are experiencing unnecessary life-long and potentially life-altering brain impairment due to artificial fluoridation schemes. Countless others are experiencing side-effects to their liver, kidneys, endocrine system, bones, and much more.
We’re working at every level (local, state, federal), using every legal, educational, and advocacy strategy with the limited resources available to us to end this practice as soon as possible. AND WE’RE WINNING! But we need your continued support to finish the job.
In the past 24 hours, we’ve raised $2,355 from 9 supporters. The first $1000 was doubled by a challenge from our Kansas-based super angel, bringing our current total for our to $19,175 from 110 donors towards FAN’s 2026 operating budget goal of $150,000 from 600 donors by midnight on December 31st. Thank you to all who have supported our work.
MAPLE SYRUP PROMO UPDATE: Thanks to Jack Crowther, we’re mailing a pint of pure small-batch Vermont maple syrup to the next 11 people who donate $150 or more who live in the United States. Anyone who donated $150 prior to December 8th, or does so after the first 30 pints have been claimed from now through January 1st, will be entered into a random drawing for the remaining 10 pints.
How to Make a Tax-Deductible Donation:
- You can make your donation online using our new secure fundraising page: https://fluoridealert.networkforgood.com/projects/176427-everyday-giving
- Or Mail Checks to:
Fluoride Action Network
PO Box 85
North Sutton, NH 03260
FAN’s Response to EPA’s Appeal
Several weeks ago, in November, FAN filed our brief in response to the EPA’s appeal. In the response, Connett explains that the purpose of the law (TSCA) is “to protect the public, not to protect the EPA from the public.” The court was thus justified in considering and acting upon the new research, including the NTP report that even EPA conceded was “indisputably central” to reaching a correct decision.
An amicus brief in support of the court’s original ruling in our favor was also filed by the National Resources Defense Council (NRDC). Click here to read it.
After reading Michael Connett’s great work, we hope that you will feel as confident as all of us at FAN that we will again be victorious in court.
Click on image below to read the FAN’s response to the EPA’s appeal:
What’s Next
The appeal will be decided by a three-judge panel from the Ninth Circuit Court of Appeals for the Ninth Circuit. The appeal process generally takes 6-12 months to resolve, although there is no guarantee of that short of a time frame. While some cases are decided based exclusively on written documents, some cases are selected for short oral arguments before a court panel. With most cases, the court of appeals decision is the final ruling unless the parties ask the US Supreme Court to review it or the case is sent back to the trial court for additional proceedings. Ultimately, our attorneys expect an appeal judgement by fall or early winter of 2026.
Recent Interview With Attorney Connett
Michael was recently interviewed about the lawsuit on the “One Dream Podcast,” which is available on Apple Podcast and Spotify.
Apple Podcasts: https://podcasts.apple.com/gb/podcast/ep-231-why-does-the-epa-fight-to-keep-risky-policies/id1443439682?i=1000720668794
Spotify:
Thank you for your support,
Stuart Cooper
Executive Director