TSCA Fluoridation Lawsuit Update

Update on the TSCA Fluoridation Lawsuit

In October 2019 the Fluoride Action Network (and several other plaintiffs) submitted a motion asking the Court for a summary judgement against EPA.  At the same time EPA filed a motion to dismiss the TSCA fluoridation lawsuit based on “standing and merit.”    Hearings were held in November and on December 30, 2019 the judge dismissed both motions.  The start date for the trial had been early February 2020.  Current information now indicates that the trial is scheduled to begin April 20, 2020.


On November 23, 2016 a petition was filed under the federal Toxic Substances Control Act (TSCA) requesting that EPA prohibit the addition of fluoridation chemicals to US water supplies.  The stated objective of the petition was to “protect the public and susceptible subpopulations from the neurotoxic risks of fluoride by banning the addition of fluoridation chemicals to water.’’  The petition was submitted by the following organizations:  Fluoride Action Network, Food & Water Watch, Organic Consumers Association, the American Academy of Environmental Medicine, the International Academy of Oral Medicine and Toxicology, and several individuals.  In a decision published February 27, 2017 EPA denied the petition.  EPA concluded 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.”  In April 2017 the petitioners filed a lawsuit in a California District Court.  Over the past two plus years there have been a series of motions and rulings by the Court.