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Judicial Trends Judicial Trends in Public HealthAddressing Chronic Conditions

Food and Water Watch, et al. v. U.S. Environmental Protection Agency

Overview

(U.S. District Court for the Northern District of California, September 24, 2024): The U.S. District Court for the Northern District of California found that the current “optimal” level of fluoride in drinking water set by the Environmental Protection Agency (EPA) presents an unreasonable risk of lowering children’s IQ. For generations, the majority of local jurisdictions across the country have added fluoride to drinking water supplies, most commonly at the level recommended as optimal by the EPA, though no federal law requires water fluoridation by these local governments. Groups challenging the EPA’s establishment of an optimal level asked the Court to order the EPA to reverse course, retracting the recommendation and prohibiting the use of fluoride in drinking water pursuant to the Toxic Substances Control Act (TSCA). While the Court found that the EPA failed to consider evidence of harm from water fluoridation and directed the Agency to take action under TSCA, the decision does not indicate what specific action the Agency must take. Read the full decision

View all cases in the Judicial Trends in Public Health – November 18, 2024.

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