EPA appeals fluoride ruling

Association previously called for appeal in coalition letter

The Environmental Protection Agency appealed a court order directing the agency to further regulate the fluoridation of public water systems. The Jan. 17 filing follows a coalition letter spearheaded by the ADA urging the agency to appeal the ruling.   

“The U.S. Environmental Protection Agency and Jane Nishida, in her official capacity as Acting Administrator of the U.S. Environmental Protection Agency, appeal to the United States Court of Appeals for the Ninth Circuit from the final judgment entered on November 20, 2024,” reads the notice of appeal.  

The appeal comes after a group of citizens sued the EPA when it denied a petition to stop community water fluoridation. The petitioners claimed fluoride, even in the small amounts added to public drinking water, diminishes neurocognitive health, and the U.S. District Court for the Northern District of California ruled in their favor, ordering the EPA to “engage with a regulatory response.”  

A coalition consisting of the ADA and 12 other groups wrote in a Jan. 10 letter that the court ruling reflects “a fundamental misunderstanding and misapplication of the prevailing scientific literature on the safety of fluoride and community water fluoridation” and has far-reaching implications for the EPA’s ability to regulate substances under the Toxic Substance Control Act.  

Following the ADA-led coalition letter, the Association of Metropolitan Water Agencies and Delta Dental Plans Association also sent letters urging the EPA to appeal the fluoridation ruling.  

The ADA continues to express its staunch support for community water fluoridation at optimal levels to help prevent tooth decay. For more information about fluoride, visit ADA.org/Fluoride.