On November 17, 2025, attorneys representing Food & Water Watch (FWW), Fluoride Action Network (FAN), and individual plaintiffs filed its response to the U.S. Environmental Protection Agency’s (EPA) appeal of U.S. District Judge Edward Chen’s September 2024 ruling, which held that fluoridation at the current U.S. level of 0.7 mg/L “poses an unreasonable risk of reduced IQ in children.”
The response comes nine years after the plaintiffs first filed a civilian petition under the Toxic Substances Control Act (TSCA) in November 2016. After the EPA denied the petition, the groups sued, triggering a nearly decade-long legal saga between the EPA, and parents of children impacted by water fluoridation, the FAN, and FWW. In September 2024, Judge Chen ruled in the plaintiffs’ favor and ordered the EPA to take regulatory action.
In the final days of the Biden administration the EPA filed their appeal, and now, under leadership appointed by President Donald Trump, the EPA has decided to continue fighting the judge’s ruling.
Michael Connett, the lead attorney representing the plaintiffs, responded to the three main arguments made by the EPA in its July appeal: that the plaintiffs lack standing, that the judge improperly considered new evidence, and that the district court went beyond its authority in its management of the case.
The EPA contends that at least one plaintiff’s water contains naturally occurring fluoride and that the plaintiffs therefore cannot prove injury caused by community water fluoridation. The agency also claims that the Judge’s decision to admit studies which were published after the original 2016 TSCA petition violated the act.
Regarding the question of standing, the EPA claimed in its appeal that plaintiff Jessica Trader cannot establish standing because her drinking water in Leawood, Kansas, “naturally contains fluoride at levels 0.4 mg/L, and her water utility adds only as much fluoride as necessary for her tap water to reach a concentration of 0.7 mg/L”. Essentially, the EPA is stating that the naturally occurring fluoride could be to blame for any harm caused to Trader.
Connett argues that the plaintiffs do indeed have proper standing and have demonstrated sufficient injury and connection to the case. “Even if the new “facts” are considered, Jessica Trader’s injury is still traceable/redressable: the district court found (and EPA does not dispute) that fluoridation poses a credible threat of neurodevelopmental harm to her children, and regulatory action would, at a minimum, reduce that threat, including the costs of avoiding it,” Connett wrote in his response.
He further noted that, even without Trader, the remaining plaintiffs also have standing based on credible threats of harm from fluoridation, as supported by findings from the National Research Council (NRC), National Institutes of Health (NIH), and National Toxicology Program (NTP).
When it comes to the EPA’s claim that the court improperly considered new evidence in the form of studies published after the original petition, Connett reminded the court that Section 21 of TSCA provides that petitioners “shall be provided an opportunity to have such petition considered by the court in a de novo proceeding”. A de novo proceeding is a legal process where a case is heard “fresh” or from the beginning, without considering the previous court’s decision.
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