It’s official: the Fluoride Action Network, along with a coalition of environmental and public health groups, has filed a complaint in the U.S. District Court for the Northern District of California against the Environmental Protection Agency (EPA) in response to their denial of our petition under Section 21 of the Toxic Substances Control Act (TSCA) seeking a ban on water fluoridation. This may be the lawsuit we have all been waiting decades for.
According to FAN’s attorney, Michael Connett:
“This case will present the first time a court will consider the neurotoxicity of fluoride and the question of whether fluoridation presents an unreasonable risk under the Toxic Substances Control Act (TSCA). And, in contrast to most other legal challenges of Agency actions, TSCA gives us the right to get the federal court to consider our evidence ‘de novo’—meaning federal courts are to conduct their own independent review of the evidence without deference to the EPA’s judgment.”
Watch Michael Connett on Fluoride & IQ Studies
Industry, legal, and environmental observers following the EPA’s implementation of the new TSCA law have pointed out that a lawsuit challenging the EPA’s denial of our petition would provide a test case for the agency’s interpretation that petitioners must provide a comprehensive analysis of all uses of a chemical in order to seek a restriction on a particular use. Legal experts have suggested that the EPA’s interpretation essentially makes the requirements for gaining Agency action using section 21 petitions impossible to meet.