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June 12, 2020

Bench Trial in Challenge to EPA’s Denial of Fluoride Petition Will Resume on June 15 and Is Available Online

Lynn L. Bergeson Carla N. Hutton

The U.S. District Court for the Northern District of California began hearing oral arguments on June 8, 2020, in a case seeking a rulemaking under Section 6 of the Toxic Substances Control Act (TSCA) to prohibit the addition of fluoridation chemicals to drinking water supplies.  Food & Water Watch, Inc. v. EPA, Case No. 3:17-cv-02162-EMC.  The plaintiffs filed suit following the U.S. Environmental Protection Agency’s (EPA) denial of a TSCA Section 21 petition requesting it to exercise its Section 6 authority to prohibit the purposeful addition of fluoridation chemicals to U.S. water supplies.  On June 12, 2020, Dr. Kathleen M. Thiessen testified as the final witness for the plaintiffs’ case-in-chief regarding risk analysis to determine a level of fluoride that does not produce adverse effects.  Thiessen also testified about a study that found correlation between fluoride intake and diminished thyroid productivity.  EPA’s first witness, Dr. Kristina Thayer, clarified the types of experimental biases and processes to vet bodies of evidence.  Earlier in the week, plaintiffs’ expert witnesses summarized the scientific literature on the adverse effects of fluoride on children’s development, including lowered IQ.  The experts have cited both animal and human studies.  EPA has questioned them at length regarding the discrepancies between male and female test subjects, especially in relation to prenatal fluoride exposure.  EPA has argued that the data presented by plaintiffs suffers from inconsistencies, flawed methodologies, and biases.  The trial will resume on Monday, June 15, 2020.  Readers interested in watching the trial remotely can find scheduling and Zoom information here.