The American Dental Association supports the appellate court decision to reverse a 2024 order that directed the EPA to regulate fluoride in drinking water.
The US Court of Appeals for the Ninth Circuit has overturned a 2024 lower court order that directed the Environmental Protection Agency (EPA) to regulate fluoride in drinking water under the Toxic Substances Control Act.
The appellate panel ruled that the district judge overstepped judicial boundaries by relying on a pending report that was not presented as evidence by either party in the lawsuit. The three-judge panel has returned the case to the lower court, requiring a review based on a narrower evidentiary record.
“The appellate court recognized and noted that the lower court improperly overstepped its role and relied on a pending report, presented by neither party in the case was an abuse of discretion,” says Rich Rosato, DMD, president of the American Dental Association, in a release. “We strongly support the appeals court’s decision and believe that the best scientific evidence for more than 80 years consistently has demonstrated that community water fluoridation is both safe and effective.”
Restoring Clarity on Fluoridation Science
The American Dental Association (ADA) stated that the recent ruling could address misapplications of prevailing scientific literature regarding the safety of community water fluoridation.
“The lower court ruling relied in part on materials that were never presented to the EPA, making the decision to require additional review of fluoride standards unjustified,” says Rosato. “We hope that the lower court takes the opportunity now to correct the record and provide reassurance to the American public, policymakers, and any doubters about the safety and value of community water fluoridation in the face of ongoing misinformation sparked by this previous court decision.”
The ADA previously filed an amicus brief on July 25, 2025, supporting the EPA’s appeal. The association noted its commitment to working with the agency to review recent US-based analyses indicating that optimal water fluoridation levels do not impact IQ or cognitive function from adolescence through age 80.
The organization continues to advocate for community water fluoridation at optimal levels for the prevention of tooth decay.
Photo: ID 8959062 © Zimmytws | Dreamstime.com
