On Tuesday morning, the U.S. Environmental Protection Agency (EPA) finished presenting their expert witnesses, and rested their case in the second phase of the long-delayed fluoride lawsuit. Judge Edward Chen ordered the EPA and the plaintiffs, led by Fluoride Action Network (FAN) attorney Michael Connett, to reconvene via Zoom on February 20th at 9:30 am for closing statements and questions from the judge.
The lawsuit was filed by FAN, Moms Against Fluoridation, and individual plaintiffs who are seeking to prove that fluoride is a neurotoxin and should be banned. The lawsuit originally began after the EPA’s 2016 decision to deny the plaintiff’s petition under the Toxic Substances Control Act (TSCA).
The final 3 days of the proceedings centered around the EPA’s expert witnesses, Dr. David Savitz and Dr. Stanley Barone. A third EPA witness, Dr. Jesus Ibarluzea, was testifying in the form of a prerecorded video. Judge Chen decided he would view this video privately after the court adjourned.
The closing days of the trial featured several revealing moments, including Judge Chen and the EPA’s witnesses acknowledging that fluoride can cause neurodevelopmental issues, and Dr. Barone struggling to answer a question regarding pregnant mothers and fluoride exposure.
Much of the discussion focused on the EPA’s argument that while there is clearly an association between fluoride exposure and lower IQ, it is only at levels above 2 milligrams per liter of fluoridated water, not at, or near, the 0.7 milligram per liter recommended by the Centers for Disease Control and Prevention (CDC).
At one point Judge Chen asked Dr. Savitz if he agreed with the conclusion that there is evidence of harm from fluoride around 1.5 milligrams per liter of fluoridated water. Savitz said he would place emphasis on the 1 to 2 milligram per liter, and called for more studies in that range.
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