Judge Says Fluoride in Drinking Water Requires New EPA Action Due to Risks

A federal judge in California has ruled that fluoride in drinking water may pose a risk to children’s intellectual development, calling for U.S. environmental regulators to take action. U.S. District Judge Edward Chen emphasized that while it is not definitively proven that the standard levels of fluoride in drinking water are responsible for lowering children’s IQs, there is an increasing body of research suggesting a significant risk.

The judge’s ruling challenges a practice considered one of the major public health successes of the last century. Fluoride has been known to strengthen teeth and decrease cavities by replacing minerals lost in the natural wear and tear of dental health, as noted by the U.S. Centers for Disease Control and Prevention (CDC).

Recently, the National Toxicology Program stated with “moderate confidence” that elevated fluoride exposure could be linked to reduced IQ levels in children. This finding was primarily based on studies that examined fluoride concentrations around twice the standard recommended limit for drinking water.

In its defense, the Environmental Protection Agency (EPA) argued that the consequences of fluoride exposure at lower levels remain unclear. However, the agency is responsible for ensuring a safety margin between exposure levels and potential hazards. Judge Chen pointed out that if the margin is inadequate, it indicates that fluoride poses a health risk.

“Simply put, the risk to health at exposure levels in United States drinking water is sufficiently high to trigger regulatory response by the EPA,” Chen wrote in his detailed 80-page ruling.

An EPA spokesperson, Jeff Landis, indicated that the agency was assessing the ruling but did not provide further comments at the moment.

In 1950, U.S. federal officials endorsed the practice of water fluoridation as a preventive measure against tooth decay. This initiative continued even after the introduction of fluoride toothpaste to the market in subsequent years. Although fluoride can originate from various sources, researchers identify drinking water as the primary source for most Americans. Current CDC data reveals that nearly two-thirds of the U.S. population has access to fluoridated drinking water.

Since 2015, federal health officials have recommended maintaining fluoridation levels at 0.7 milligrams per liter of water. Prior to that, for over fifty years, the suggested upper limit was set at 1.2. In contrast, the World Health Organization has established 1.5 milligrams per liter as a safe guideline for fluoride in drinking water.

In addition, the EPA enforces a long-standing maximum limit of 4 milligrams of fluoride per liter of water to mitigate the risk of skeletal fluorosis, a condition that can lead to weakened bones, stiffness, and pain.

In recent years, however, there has been growing evidence suggesting a problematic association between fluoride exposure and brain development. Researchers have raised concerns about the possible effects on developing fetuses and infants who may consume water mixed with baby formula. Animal studies have shown that fluoride exposure could disrupt neurochemistry and cell function in brain regions associated with learning, memory, and behavior.

The legal case that led to this ruling began in 2017, filed in U.S. District Court in San Francisco. The lead plaintiff, Food & Water Watch, is a not-for-profit environmental advocacy organization. The proceedings were paused in 2020 to await findings from the National Toxicology Program, but hearings resumed earlier this year as lawyers presented their arguments.