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March
25
2025

What’s Happened Since A Judge Ruled Water Fluoridation Is Lowering IQ?
Tyler Durden

Though Dr. Mark Burhenne has been railing against water fluoridation on his social media accounts and his “Ask the Dentist” podcast, he never thought he’d see it banned from so many public water supplies in his lifetime.

A landmark ruling in September that directed the U.S. Environmental Protection Agency (EPA) to address the “unreasonable” risk fluoride in drinking water poses to lowering IQ in children has become a tipping point, Berhenne told The Epoch Times in an email. The decision has motivated large numbers of local and state governments to ban fluoride in their water supplies.

Change like this isn’t going to happen overnight, but this was the kind of momentum we’ve been waiting for,” he said. “I didn’t think I’d see this kind of progress on fluoride in my lifetime, but now? I think it’s possible. It’ll take time—decades, maybe—but the wheels are turning.”

Utah is set to be the first state to ban fluoride in drinking water. At the same time, at least 50 communities nationwide have removed fluoride from water—representing about 4.5 million people—according to the Fluoride Action Network (FAN). Florida is considering legislation to prevent local governments from adding it to water supplies, and several states are considering reversals of fluoridation mandates.

The chain reaction on the local level is obscured by silence on the federal level, where decades of denials and obfuscation have clouded the contentious public health issue. It remains unresolved and unaddressed, even as new research confirms fluoride health risks. There may be legal loose ends as well. Three days before President Trump took office, EPA’s acting administrator Jane Nishida filed an appeal of the federal court decision under pressure from dental organizations.

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The Epoch Times reached out to the EPA to ask whether it is pursuing the appeal or if it is pursuing action related to the court’s findings.

An agency spokesperson didn’t address specific questions but replied, “In keeping with a longstanding practice, EPA does not comment on pending litigation.”

U.S. District Judge Edward Chen in San Francisco issued an 80-page ruling in September, which stated “the risk to health at exposure levels in United States drinking water is sufficiently high to trigger regulatory response by the EPA.”

Chen did not order a specific course of action. Currently, the government recommends a fluoride level of 0.7 milligrams per liter (mg/L) in drinking water for the prevention of tooth decay.

Community water fluoridation is a practical, cost-effective, and equitable way for communities to improve oral health regardless of age, education, or income by preventing cavities. This results in less mouth pain, fewer fillings or teeth pulled, and fewer missed days of work and school,” according to the Centers for Disease Control and Prevention (CDC).

The lawsuit was filed in 2017 by several nonprofits led by environmental advocacy organization Food & Water Watch. Chen paused the suit in 2020 to wait for a National Toxicology Program report that was in the works, which was published in August, showing a link between higher amounts of fluoride exposure and a lower IQ in children. The findings were based on studies involving fluoride levels at about twice the recommended limit for drinking water or approximately 1.4 mg/L.

The American Dental Association (ADA) and other organizations wrote a letter to Nishida requesting the appeal one week before it was filed, noting that the CDC hailed water fluoridation as a top public health achievement, reducing cavities by 25 percent.

“It would be regrettable to compromise nearly 80 years of public health success due to challenges in effectively communicating the science, which often extends beyond the simplicity of a sound bite,” the organizations wrote.

The ADA did not reply to The Epoch Times for an interview request.

Burhenne countered that the EPA’s appeal was surprising in light of overwhelming data.

“It’s hard to see it as anything but a stall tactic. Honestly, it feels like ego is driving their actions at this point, and it’s frustrating,” he said.

The lawsuit findings are sufficient to end water fluoridation, according to Stuart Cooper, executive director of FAN, which was a plaintiff in the suit. The EPA has two years to devise a tactic for protecting the vulnerable from fluoride risks. The neurotoxic effects of fluoride are more prevalent in formula-fed infants, African Americans, and undernourished people.

Cooper said new EPA rules could be designed either to ban municipalities from buying fluoride—which is a manmade chemical form of the mineral—or somehow inform every pregnant woman of the risks to fetal and child development from drinking fluoridated water. The latter seems so out of reach that Cooper doesn’t conceive any option outside of ceasing the practice.

Other federal agencies could also step in and take action, Cooper told The Epoch Times, including the CDC and the Department of Health and Human Services (HHS), which sets fluoride limits in drinking water and is headed by long-time fluoride opponent Robert F. Kennedy Jr.

 


 

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