• Telephone: 202.446.1084 
• Info@MomsAgainstFluoridation.org
• Interviews availble.

FILED COMPLAINT

• Case Number: Civ. No. 17-CV-02162-EMC
•  Complaint

THE TRIAL
A two week trial will begin on January, 29th and will continue  for approximately 2 weeks . District Court for the Northern District of California in San Francisco.   This trial may be held on Zoom and   that will be determined in the fall of 2023.   Details (phone and video) for accessing the virtual trial will be available on Judge Edward Chen's page found here.  

THE LAW
The Toxic Substances Control Act of 1976 (TSCA) authorizes the U.S. Environmental Protection Agency (EPA) to prohibit the “particular use” of a chemical that presents an unreasonable risk to the general public or susceptible subpopulations. TSCA gives EPA the authority to prohibit drinking water additives. It is the first time in the 45+ years of TSCA where a citizen petition has made it to a Federal trial.

THE CASE
On Nov. 22, 2016,  Moms Against Fluoridation along with other organizations and individuals, presented a Citizens’ Petition under Section 21 of TSCA to the EPA. The Petition requested the EPA to exercise its authority to prohibit the purposeful addition of fluoridation chemicals to U.S. water supplies on the grounds that a large body of animal, cellular, and human research shows that fluoride is neurotoxic at doses within the range now seen in fluoridated communities.

THE COURT

• Information about the Federal Court is found here.
• Information on getting Court documents is found here.
• For accessing documents related to our case, our case number is Civ. No. 17-CV 02162-EMC.  

THE PLAINTIFFS
Groups (partial) 

• Moms Against Fluoridation 
• Fluoride Action Network,

Individuals: Several

THE DEFENDANTS

• U.S. Environmental Protection Agency (EPA)

ATTORNEYS

• For Plaintiffs: Michael Connett  of  Waters Kraus & Paul, El Segundo, CA.
• For Defendants: U.S. Department of Justice, Environmental Defense Section, Washington, D.C.

QUOTES 

Paul Connett, PhD, executive director of FAN, stated the following:

“The rapidly emerging science on developmental neurotoxicity, especially loss of IQ from early life exposure to fluoride, is a game-changer."

 Moms Against Fluoridation stated the following:  

"Moms everywhere expect that the US government had done safety clinical trials on artificial fluoridation before they would add it to the public drinking water.  They did not.  Families and citizens all across America expect that if a chemical is intentionally added for an alleged "drug" effect to the drinking water for all to drink, that it would have been rigorously tested on the young, the old, the diabetic, pregnant women and people with different genetic backgrounds.  It was not.  No rigorous safety trials were ever done."

Executive Director of Moms Against Fluoridation stated:  

"The amount of science, data and under oath testimony that we bring to the Court in this case is extraordinary.  Every mother, parent and citizen will be stunned to learn that no safety clinical trials were ever done by our government on drinking fluoridation chemicals.   No safety trial on the developing embryo, nor on the thyroid, the elderly, or kidney patients, or diabetics. None. Not one to this day."

"The EPA and the scientific community learned in the mid 1990's that fluoride could breech the placenta and harm the developing embryo, and they did nothing with the new understanding. Nothing.  In this trial we are going to show the bureaucratic lethargy and inaction of the EPA.

"Using the public drinking water as a vehicle to deliver some alleged "drug" to everyone with no safety testing or any safety clinical trials is absolutely wrong.  Whatever happened to informed medical consent?   This trial will bring forth the science, the data, the real harm to health and brains and some stunning facts about the actual dirty chemicals that communities purchase to drink."

INSIDE EPA: PUBLISHED ARTICLES ON THE LANDMARK CASE:

These 9 articles were published in "Inside EPA":

• April 19, 2017: Suit over EPA Rejection of Fluoride Ban Claims TSCA Misinterpretation
• January 4, 2018: Fluoride Case Ruling May Open Door To More TSCA Petitions, Attorneys Say
• February 7, 2018: In Another TSCA Defeat, EPA Loses Bid To Limit Scope Of Fluoride Suit
• February 20, 2018: Downplaying Appeal, EPA Vows To Fight Adverse TSCA Ruling On 'Merits'
• September 24, 2019: EPA, Plaintiffs Battle Over Landmark TSCA Fluoride Trial Schedule  
• December 4, 2019: Judge Grapples With Whether To Dismiss Landmark TSCA Citizen Suit
• January 2, 2020:  Judge Again Rejects EPA's Motion To End Landmark TSCA Citizen Suit  
• January 15, 2020: TSCA Plaintiffs Overcome Early Hurdles But Face Judge’s Skepticism
• May 27, 2020:  Judge: Codifies Key Rulings Ahead Of Landmark TSCA Trial On Fluoride

QUOTATIONS from the National Research Council (NRC) 2006 

(The NRC was commissioned by the EPA to do this work on fluoride that was then published in 2006.  They were paid with taxpayer money.)

"On the basis of information largely derived from histological, chemical, and molecular studies, it is apparent that fluorides have the ability to interfere with the functions of the brain and the body by direct and indirect means." (Pg 222 Fluoride in Drinking Water: NRC 2006)

"Because of the great affinity between fluorine and aluminum, it is possible that the greatest impairments of structure and function come about through the actions of charged and uncharged AlF complexes (AlFx)."  (Pg 211  Fluoride in Drinking Water: NRC 2006)

"Fluorides also increase the production of free radicals in the brain through several different biological pathways. These changes have a bearing on the possibility that fluorides act to increase the risk of developing Alzheimer’s disease."  (Pg. 222 Fluoride in Drinking Water: NRC 2006)

Neurotoxicity of fluoride from NRC 2006 

ANATOMICAL CHANGES IN THE BRAIN "Studies of rats exposed to NaF or AlF3 have reported distortion in cells in the outer and inner layers of the neocortex. Neuronal deformations were also found in the hippocampus and to a smaller extent in the amygdala and the cerebellum. Aluminum was detected in neurons and glia, as well as in the lining and in the lumen of blood vessels in the brain and kidney. The substantial enhancement of reactive microglia, the presence of stained intracellular neurofilaments, and the presence of IgM observed in rodents are related to signs of dementia in humans. The magnitude of the changes was large and consistent among the studies." (italics added) (pg 222  Fluoride in Drinking Water: NRC 2006)

OTHER ENDOCRINE ORGANS "The effects of fluoride exposure have been examined for several other endocrine organs, including the adrenals, the pancreas, and the pituitary (for details, see Appendix E, Tables E-16 and E-17). Effects observed in animals include changes in organ weight, morphological changes in tissues, increased mitotic activity, decreased concentrations of pituitary hormones, depressed glucose utilization, elevated serum glucose, and elevated insulin-like growth factor-1 (IGF-1). Effects reported in humans include “endocrine disturbances,” impaired glucose tolerance, and elevated concentrations of pituitary hormones. Studies of the effects of fluoride on glucose metabolism and in diabetic animals are discussed below; information on other effects is extremely limited." (Pg 256 NRC 2006)

"The major endocrine effects of fluoride exposures reported in humans include elevated TSH with altered concentrations of T3 and T4, increased calcitonin activity, increased PTH activity, secondary hyperparathyroidism, impaired glucose tolerance, and possible effects on timing of sexual maturity; similar effects have been reported in experimental animals." (Pg 260 NRC 2006)

THYROID FUNCTION "Fluoride exposure in humans is associated with elevated TSH concentrations, increased goiter prevalence, and altered T4 and T3 concentrations; similar effects on T4 and T3 are reported in experimental animals, but TSH has not been measured in most studies. In animals, effects on thyroid function have been reported at fluoride doses of 3-6 mg/kg/day (some effects at 0.4-0.6 mg/kg/day) when iodine intake was adequate (Table 8-1); effects on thyroid function were more severe or occurred at lower doses when iodine intake was inadequate. In humans, effects on thyroid function were associated with fluoride exposures of 0.05-0.13 mg/kg/day when iodine intake was adequate and 0.01-0.03 mg/kg/day when iodine intake was inadequate" (Table 8-2). (Pg 262 NRC 2006)

"The conclusion from the available studies is that sufficient fluoride exposure appears to bring about increases in blood glucose or impaired glucose tolerance in some individuals and to increase the severity of some types of diabetes." (Pg 260 NRC 2006)

"On the basis of information largely derived from histological, chemical, and molecular studies, it is apparent that fluorides have the ability to interfere with the functions of the brain and the body by direct and indirect means."  (Pg. 222 "Fluoride in Drinking Water: A Scientific Review of EPA's Standards 2006")

"Lipids and phospholipids, phosphohydrolases and phospholipase D, and protein content have been shown to be reduced in the brains of laboratory animals subsequent to fluoride exposure. The greatest changes were found in phosphatidylethanolamine, phosphotidylcholine, and phosphotidylserine. Fluorides also inhibit the activity of cholinesterases, including acetylcholinesterase." (Pg. 221 "Fluoride in Drinking Water: A Scientific Review of EPA's Standards 2006")

 

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WITNESSES

Plaintiffs’ Expert Witnesses (partial list)

Philippe Grandjean, MD, PhD
Dr. Grandjean is adjunct professor of environmental health at the Harvard School of Public Health. A Danish scientist, he works in environmental medicine and is the head of the Environmental Medicine Research Unit at the University of Southern Denmark. He has led groundbreaking investigations of neurotoxic chemicals, including mercury and fluoride. He is considered a leading expert in the field, having won numerous awards. 

Howard Hu, MD, MPH, ScD
Dr. Hu is a physician-scientist, board-certified in Internal Medicine and Preventive (Occupational) Medicine, who most recently served as Professor of Environmental Health, Epidemiology, Global Health and Medicine and the Founding Dean of the Dalla Lana School of Public Health at the University of Toronto (2012-2018) and is now at the University of Washington School of Public Health. Dr. Hu was the senior investigator on an NIH-funded (National Institutes of Health-funded) study examining the effects of prenatal fluoride exposure on IQ and other neurodevelopmental harm.

Bruce Lanphear, MD, MPH
Dr. Lanphear is a professor of health sciences at Simon Fraser University in British Columbia. Dr. Lanphear’s groundbreaking research on the neurotoxic effects of low-level lead exposure has shaped regulatory policy in the U.S., and he is now conducting similar (NIH-funded) research on the impacts of low-level fluoride exposure on IQ. Among his interests are early childhood health and environmental neurotoxins. 

Kathleen Thiessen, PhD
Dr. Thiessen is a risk assessment scientist at Oak Ridge Center for Risk Analysis who served on the National Research Council panel that prepared the landmark 2006 review, “Fluoride in Drinking Water: A Scientific Review of EPA’s Standards.” Dr. Thiessen has authored health assessments on fluoride, and other toxic substances, for the EPA and other federal agencies. 

Defendants’ Expert Witnesses (will be posted soon)