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Trump’s DOJ Says EPA Will Appeal Landmark Fluoride Ruling

By Brenda Baletti, Ph.D. | The Defender | July 14, 2025

The U.S. Environmental Protection Agency (EPA) plans to appeal a decision last year by a federal court ordering the agency to address the risks of water fluoridation, according to Michael Connett, lead attorney for plaintiffs in the lawsuit.

“Rather than use the court’s decision as an opportunity to finally end water fluoridation (as most of Europe has already done), the EPA will spend its time legally challenging the court’s order,” Connett wrote in a post on X.

The American Chemistry Council, a trade organization representing the chemical industry, and the American Fluoridation Society, a fluoridation advocacy organization that touts its work undermining local efforts to oppose water fluoridation, filed motions seeking to submit amicus briefs supporting the EPA appeal, he said.

Connett told The Defender that the American Dental Association also plans to file a brief.

The EPA said it will file the appeal on July 18, after which the case will go to a three-judge panel in the 9th Circuit U.S. Court of Appeals. The appeals court will receive briefs from both sides, along with any amicus briefs, and hear oral arguments before issuing its decision.

The Fluoride Action Network (FAN), one of the plaintiffs in the lawsuit against the EPA, said on X that the appeal was “a very disappointing move by EPA.” “A few months ago, @epaleezeldin went on a public speaking tour with @SecKennedy to address why fluoride needs to come OUT of the water. Now the EPA will appeal to keep fluoride IN drinking water.”

Connett noted that the decision to appeal came from the solicitor general at the U.S. Department of Justice (DOJ), who reports to Pam Bondi and the White House, not by the U.S. Department of Health and Human Services (HHS) or by Health Secretary Robert F. Kennedy Jr., who has vocally opposed water fluoridation, but lacks the authority to end it.

“Only the EPA has this power, and it has decided, for now, to forego its historic opportunity (as provided by the court’s decision) to exercise it,” Connett said.

The Centers for Disease Control and Prevention publishes recommendations from the U.S. Public Health Service on whether communities should add fluoride to their drinking water and at what levels. However, the EPA sets the maximum levels allowed in water under the Safe Drinking Water Act.

The current maximum allowable levels of fluoride in drinking water are 4.0 milligrams per liter (mg/L), which is many orders of magnitude higher than the currently recommended dosage of 0.7 mg/L.

Even the lower recommended dosage has demonstrated a risk to children’s health in numerous studies, and according to the federal ruling that the EPA plans to challenge.

EPA continues to treat fluoride as a ‘protected pollutant’

In September 2024, U.S. District Judge Edward Chen issued the historic decision in the lawsuit against the EPA, ruling that water fluoridation at current U.S. levels poses an “unreasonable risk” of reduced IQ in children and that the EPA must take regulatory action to address that risk.

At the time of the ruling, more than 200 million Americans were drinking water treated with fluoride at the “optimal” level of 0.7 mg/L.

Chen ruled that a preponderance of scientific evidence showed this level of fluoride exposure may damage human health, particularly that of pregnant mothers and young children.

Environmental and consumer advocacy organizations, including FAN, Moms Against Fluoridation and Food & Water Watch, along with individual parents and children, filed the lawsuit against the EPA in 2017 under the Toxic Substances Control Act (TSCA) after the EPA denied their citizens’ petition to reexamine water fluoridation.

During the trial that followed, Chen reviewed existing regulations, regulatory frameworks and current science on fluoride’s risks to children and pregnant women presented through peer-reviewed papers and experts on both sides.

The case dragged on for seven years, after numerous delays by the EPA, and attempts by HHS officials to block the release of the key piece of evidence in the case, a government report on fluoride’s toxicity.

Chen’s 80-page ruling, issued seven months after closing arguments in February 2024, offered a careful and detailed articulation of the EPA’s review process for hazardous chemicals and summarized the extensive scientific data on fluoride’s toxicity.

Chen concluded that the risk to health at current levels of exposure demanded a regulatory response by the agency.

Evidence against fluoride keeps piling up

Since the end of the trial, the body of scientific evidence showing fluoride’s adverse impacts on children’s health has grown. Scientists at the National Toxicology Program in January published a meta-analysis in JAMA Pediatrics linking fluoridated water and IQ loss in children.

The program also published a monograph in August 2024 that found a link between higher fluoride exposure and lower IQ in children.

In May 2024, a study in JAMA Open Network found children born to Los Angeles mothers exposed during pregnancy to fluoridated drinking water were more likely to have neurobehavioural problems.

FAN’s executive director, Stuart Cooper, said the group has long sought to end the “unnecessary life-long and life-altering brain impairment in children specifically due to artificial fluoridation schemes” and the many other side effects to people’s liver, kidneys, thyroid and bones.

For nine years, he said, the EPA has been working against them. “From day one of our interactions with them, they’ve treated fluoridation chemicals as a protected pollutant, likely due to the government’s role in promoting their use and guaranteeing their ‘safety’ for over 80 years.”

Cooper added:

“While the science is clear and the lower court’s ruling was very strong and comprehensive, it’s not necessarily a surprise that the appeal has occurred. Our case is precedent-setting. We were the first to sue the EPA under TSCA. I suspect that corporate polluters who have learned how to manage and influence the EPA to their benefit don’t want citizens groups to use TSCA to force the EPA to regulate harmful chemicals.”

Another plaintiff in the lawsuit, Moms Against Fluoridation, told The Defender it was“deeply disappointed” that the EPA plans to appeal the ruling.

“The science is clear, and our lawsuit’s findings are undeniable: fluoridation is a toxic legacy that must end, like asbestos, DDT, and lead,” it said. “The agency’s plan to appeal only underscores their prioritization of industry interests over the well-being of our children and vulnerable populations. Moms Against Fluoridation will not back down — we will continue to fight tirelessly for the health and safety of all Americans.”

60+ towns and counties and two states vote to end fluoridation

Since the federal ruling last year, more than 60 U.S. towns, counties and two states — Utah and Florida — have voted to stop fluoridating their water, according to FAN.

During that time, there has been an ongoing campaign by the American Dental Association, the American Fluoridation Society and mainstream media to discredit the court’s ruling.

Typically, they assert that water fluoridation is an important, safe and effective way to prevent tooth decay — and that without it, rates of cavities will soar, costing billions. They cite a study published by researchers funded by pro-fluoridation groups.

Yet, overwhelming scientific research shows that fluoride’s benefits to teeth are topical, not the result of ingesting fluoride, and a 2024 Cochrane Review found adding fluoride to drinking water provides very limited dental benefits, especially compared with 50 years ago.

Most media reports also highlight the fact that fluoride is a “naturally occurring mineral.” However, they don’t mention that the fluoride added to water supplies is not.

The fluoride most commonly added to U.S. drinking water supplies is hydrofluorosilicic acid, the byproduct of phosphate fertilizer production. Chemical companies sell the byproduct to local water departments across the country.

Communities that have recently ended fluoridation have found themselves saddled with a chemical that they must dispose of as hazardous waste, per EPA regulations — an expensive and time-consuming process.

This article was originally published by The Defender — Children’s Health Defense’s News & Views Website under Creative Commons license CC BY-NC-ND 4.0. Please consider subscribing to The Defender or donating to Children’s Health Defense.

July 14, 2025 Posted by aletho | Civil Liberties, Science and Pseudo-Science | Human rights, United States | Leave a comment