EPA To Appeal Landmark Court Decision On Water Fluoridation, Attorney Says

The U.S. Environmental Protection Agency (EPA) intends to appeal a decision by a federal judge last year addressing the health risks of fluoride in public water systems, Michael Connett, lead attorney for the plaintiffs, said.

A federal judge ruled last September that water fluoridation at current U.S. levels presents an “unreasonable risk of injury to health or the environment, without consideration of costs or other non-risk factors, including an unreasonable risk to a potentially exposed or susceptible subpopulation under the conditions of use.”

Could Water Fluoridation Be Ended After Landmark Court Decision?

“In a decision that could end the practice of water fluoridation in the U.S., a federal judge late Tuesday ruled that water fluoridation at current U.S. levels poses an ‘unreasonable risk’ of reduced IQ in children. The @EPA can no longer ignore that risk, and must take regulatory action, Judge Edward Chen of the U.S. District Court of the Northern District of California wrote in the long-awaited landmark decision,” Children’s Health Defense wrote last year.

“More than 200 million Americans drink water treated with fluoride at the ‘optimal’ level of 0.7 milligrams per liter (mg/L). However, Chen ruled that a preponderance of scientific evidence shows this level of fluoride exposure may damage human health, particularly that of pregnant mothers and young children,” the organization continued.

“The verdict delivers a major blow to the EPA, public health agencies like the @CDCgov and professional lobbying groups like the American Dental Association (ADA), which have staked their reputations on the claim that water fluoridation is one of the greatest public health achievements of the 20th century and an unqualified public good. Fluoride proponents refused to reexamine that stance despite mounting scientific evidence from top researchers and government agencies of fluoride’s neurotoxic risks, particularly for infants’ developing brains. Instead, they attempted to weaken and suppress the research and discredit the scientists carrying it out,” it added.

🚨 BREAKING: Fluoride in Water Poses ‘Unreasonable Risk’ to Children, Federal Judge Rules

In a decision that could end the practice of water fluoridation in the U.S., a federal judge late Tuesday ruled that water fluoridation at current U.S. levels poses an “unreasonable risk”… pic.twitter.com/GqkJAYpVL4

— Children’s Health Defense (@ChildrensHD) September 25, 2024

"After several extensions, the Trump Administration has decided to appeal the federal court decision ordering EPA to address the risk posed by water fluoridation. EPA will be filing its appeal next Friday, July 18," Connett said.

After several extensions, the Trump Administration has decided to appeal the federal court decision ordering EPA to address the risk posed by water fluoridation. EPA will be filing its appeal next Friday, July 18.

Rather than use the court's decision as an opportunity to…

— Michael Connett (@michaelpconnett) July 11, 2025

Full text:

After several extensions, the Trump Administration has decided to appeal the federal court decision ordering EPA to address the risk posed by water fluoridation. EPA will be filing its appeal next Friday, July 18.

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. And it won't be alone. The American Chemistry Council (a trade organization that represents the chemical industry) has just filed a motion asking for permission to file a brief. And so has the American Fluoridation Society, one of the most noxious lobbyist groups pushing fluoridation across the US.

The decision to appeal the court's order was not made by the HHS or @SecKennedy. It was made by the Solicitor General of the Department of Justice, who reports to Pam Bondi and the White House. For his part, Secretary Kennedy has been clear that states should end their water fluoridation programs (as Florida and Utah have recently done), and that CDC will be revising its anachronistic recommendations, which would be a major development. The HHS does not, however, have the authority to ban fluoridation.

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.

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Our lawsuit against the EPA will thus continue, and will now be before the Ninth Circuit Court of Appeals. I had hoped this would not be necessary, but we are ready and prepared to stand up to EPA's challenge.

As Connett noted, Utah and Florida have enacted statewide water fluoridation bans.

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Florida Officially Bans Fluoride From Public Drinking Water

More info from The Defender:

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.”

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