JUNE 23, 2020
Fluoride Toxicity Trial Update
By Stuart Cooper, Fluoride Action Network
The landmark federal trial pitting Fluoride Action Network (FAN) and others against the US EPA over water fluoridation came to a dramatic turning point Wednesday. FAN has argued that fluoride’s ability to impact the mental development of both the fetal and infant brain posed an unacceptable risk to millions of Americans (and others) drinking fluoridated public water supplies. The dramatic moment came when, after both sides had completed their summary statements, the federal judge surprised everyone by recognizing the key plank in the plaintiffs’ case and undermining the key argument in the EPA’s case.
The judge said:
“So much has changed since the petition was filed…two significant series of studies – respective cohort studies – which everybody agrees is the best methodology. Everybody agrees that these were rigorous studies and everybody agrees that these studies would be part of the best available scientific evidence.The EPA appears to have applied a standard of causation, which from my read of TSCA is not accurate. It’s not a proper allocation. It’s not the proper standard.”
In short, after 20 years of work by FAN and its supporters, and 70+ years of campaigning by opponents of fluoridation since its inception, Wednesday felt like a moment in time where the validity of our objections was finally recognized on a world stage.
According to FAN director Paul Connett, PhD,
“While this is not a final victory for FAN it indicates a path forward to achieve that final victory. Needless to say, we are very excited about this outcome. We had our 7 days in court. We had some of the best experts in the world testify on our behalf and our lawyers, especially Michael, were brilliant in presenting our case. Here now is the day in more detail. The invisible science is now visible and the voiceless have been heard. It’s official, it’s in the record, and no one can take that away.”
Closing Statements
Here are just some of the powerful points from Michael Connett’s closing statement for the plaintiffs:
- “In this case, the EPA has failed in its duties to protect the public from harm.”
- “TSCA commands that the EPA not just protect the general public…if there is one unreasonable risk, to just one susceptible subpopulation, the EPA must take action to remove such risk.”
- “We brought before your honor, world class experts of the highest order. Experts that the EPA has consistently depended on for assessments…The EPA has based their regulations on lead and mercury on our experts.”
- “It’s undisputed that fluoride will pass through the placenta into the brain of the fetus. It’s undisputed that babies who are bottle fed with fluoridated water receive the highest doses of fluoride in our population at the moment of greatest vulnerability. It’s undisputed that fluoride damages the brain.”
- At the start of the trial I said there are three key questions that need to be answered. Is there a hazard? Is there a risk? Is the risk unreasonable? The answer [to all three questions] is a resounding yes.”
- “We have 4 high quality cohort studies. Each has found associations between early life exposures to fluoride and lowered IQ…by around 5 IQ points. The effect size rivals the neurotoxic effects of lead.”
- “There is no dispute that the developing brain is the most susceptible to neurotoxic side-effects.”
- “The most likely explanation for the observed adverse effects…is that fluoride is a neurotoxin at the levels found in fluoridated communities across the United States.”
Michael Connett also pointed out that the experts the EPA relied upon, including the two Exponent employees, were not experts on fluoride, and that the agency did not call their own employees to answer key questions in the case. He was referring to EPA’s foremost expert on fluoride, Dr. Joyce Donahue, as well as Dr. Kris Thayer. Additionally, he said the EPA never once attempted to determine an estimate of what the levels are that cause neurotoxic effects. Connett added that the EPA witness Joyce Donohue, PhD said the National Institutes of Health funded-studies on which the plaintiffs relied were “well conducted” and “warrant a reassessment of all existing” fluoride standards.
Then Connett concluded his statement by showing the true extent of potential damage, saying we have 2 million pregnant mothers in fluoridated areas and over 400,000 exclusively formula-fed babies in fluoridated areas, all presently being exposed to fluoride-contaminated drinking water.