Fluoride Debate: EPA’s New Review vs. Court Order

The U.S. Environmental Protection Agency (EPA) has launched a new “accelerated review” of fluoride in drinking water. The decision has sparked debate: some applaud the scientific inquiry, while others argue it sidesteps a 2024 court ruling that linked fluoride to impaired brain development in children.

What the EPA Is Doing

• Document Released: Fluoride Human Health Toxicity Assessment: Preliminary Assessment Plan and Literature Survey
• Focus: How fluoride affects health, especially for babies and kids, and what levels are dangerous.
• Goal: Keep water safe for everyone.

EPA Administrator Lee Zeldin emphasized that the agency’s aim is to protect public health, not to undermine existing dental benefits.

Legal Backdrop

• Court Ruling (Sept 2024): Judge Edward Chen found that the current fluoride level of 0.7 mg/L poses a risk to children's IQs and ordered the EPA to create a rule reducing that harm.
• EPA’s Response: The agency chose to study fluoride under the Safe Drinking Water Act rather than the Toxic Substances Control Act, a decision that conflicts with Judge Chen’s directive.
• Litigation: EPA lawyers filed a brief asserting plaintiffs lack standing and that the judge exceeded his authority.

Critics’ Concerns

• Plaintiff Lawyers: Michael Connett and others argue the EPA’s review is insufficient. Judge Chen wanted an immediate rule to lower fluoride levels, not a two‑year study.
• Public Health Impact: Delays could expose pregnant women and children to ongoing risk.

Current Status

• January 2026: EPA reiterated its plan to review fluoride under the Safe Drinking Water Act, citing public health protection.
• Appeals: The agency continues to appeal the court’s order, even after a presidential administration change.
• Call to Action: Advocates urge the EPA to abandon the appeal and implement Judge Chen’s order promptly, ensuring quicker protection for vulnerable populations.