A federal judge has determined that the level of fluoride added to municipal drinking water systems, which is considered “optimal” by the Environmental Protection Agency (EPA), poses a risk of lowering children’s IQ.
“It should be noted that this finding does not definitively prove that fluoridated water is harmful to public health,” Chen stated. “However, the Court has determined that there is an unreasonable risk of potential harm, prompting the EPA to take regulatory action.”
“This order does not specify the exact response required. The EPA has the authority, as outlined in the Amended TSCA, to determine the appropriate course of action. Nevertheless, the EPA must not ignore the identified risk,” Chen added.
The plaintiffs, represented by the advocacy organization Food and Water Watch, had petitioned the EPA to investigate the alleged link between fluoride and lowered IQ in children. Their petition was initially denied.
Under the TSCA, citizens have the right to challenge the EPA’s denial through a judicial review process that does not give deference to the EPA’s decision.
“If the Court determines that a chemical poses an unreasonable risk, it can order the EPA to take action,” the judge stated. “The EPA has the authority to decide on the appropriate regulatory measures, which could range from warning labels to a complete ban on the chemical.”
According to the ruling, the EPA considers a fluoride level of 0.7 milligrams per liter to be safe.
The EPA did not provide a comment at the time of publication.
A Scientific Challenge
Chen recognized the controversial history of water fluoridation.
In 1975, the EPA endorsed water fluoridation at a level of 1.2 milligrams per liter for dental health.
“Between 1981 and 1984, concerns were raised about fluoride’s negative effects, such as osteosclerosis, enamel fluorosis, and psychological and behavioral issues,” Chen explained.
As evidence of adverse events like bone fractures, enamel fluorosis, and skeletal fluorosis emerged, the fluoride level was reduced in 2006 from a maximum of 4 milligrams per liter to the current 0.7 milligrams per liter added to municipal water.
Despite mounting scientific evidence linking fluoride to lower IQ in children, the EPA rejected the plaintiff’s petition to evaluate the risk of fluoride in drinking water, prompting the lawsuit in California’s Northern District Court.
Chen noted that there is little dispute over fluoride’s hazardous nature.
“Even the EPA’s own expert acknowledges that fluoride is hazardous at certain exposure levels,” the judge remarked. “Research shows that a mother’s exposure to fluoride during pregnancy can lead to IQ deficits in her children.”
After reviewing 72 human epidemiological studies and available literature, the U.S. National Toxicology Program concluded that fluoride is associated with decreased IQ in children.
“Despite the acknowledgment of fluoride’s hazards by the EPA’s expert, the agency insists that there is no unreasonable risk,” Chen stated. “Their arguments based on technicalities regarding dosage levels and responses are not convincing.”
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