Trump DOJ Appeals Court Ruling That Would Restrict Water Fluoridation
Despite RFK Jr.'s Opposition, Administration Defends Current Fluoride Practices
The Trump DOJ is appealing a federal court decision that would force stricter fluoride regulations—effectively defending water fluoridation, a practice in place since the 1940s.
The controversy stems from a 2024 ruling by Judge Edward Chen, who found that current fluoride levels pose an "unreasonable risk" of reduced IQ in children.progressive.org The decision ordered the Environmental Protection Agency to take regulatory action, the first federal ruling against the agency on fluoride's neurodevelopmental risks.
Environmental groups, including Food & Water Watch and the Fluoride Action Network, sued after the EPA denied their 2016 petition to ban fluoride. Attorney Michael Connett called the ruling "historic," noting that 52 of 55 studies linked higher fluoride exposure to lower IQ.ngwa.org
The Biden administration filed an appeal notice in January 2025, and the Trump administration is proceeding with it.networkforphl.org Per Connett, "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."ngwa.org
This puts the DOJ at odds with HHS Secretary Robert F. Kennedy Jr., who calls fluoride "an industrial waste" linked to health issues. Connett notes, "The decision to appeal the court's order was not made by the HHS or Secretary Kennedy. It was made by the Solicitor General of the Department of Justice, who reports to Pam Bondi and the White House."ngwa.org Kennedy "does not have the authority to ban fluoridation. Only the EPA has this power."ngwa.org
Despite the appeal, the administration could still advance fluoride restrictions through alternative pathways. Kennedy plans to direct the CDC to stop recommending fluoridation in drinking water and is assembling a task force to examine its health effects.apnews.com+3 more The EPA, under Administrator Lee Zeldin, is also preparing to review fluoride standards under the Safe Drinking Water Act.epa.gov+2 more Furthermore, Kennedy is urging states to voluntarily end fluoridation programs, as seen in recent bans in Florida and Utah.usatoday.com+2 more
Policy shifts include Florida and Utah banning public water fluoridation, with Florida's law effective July 1, 2025.theguardian.com+3 more In May 2025, the FDA removed ingestible fluoride supplements for children from the market.
About 63% of Americans drink fluoridated water, which the CDC calls one of the 20th century's greatest public health achievements. The American Dental Association supports it, claiming it prevents at least 25% of tooth decay.
Critics highlight that 97% of Western Europe avoids water fluoridation without higher cavity rates, arguing toothpaste makes it unnecessary and potentially harmful.
The appeal heads to the Ninth Circuit Court of Appeals, with the American Chemistry Council and American Fluoridation Society supporting the EPA.apnews.com+2 more This seven-year battle could reshape regulation under the Toxic Substances Control Act.
While Kennedy urges states to end fluoridation voluntarily, the federal appeal delays action.
Sources: Fluoride Action Network, Court Docs, Fluoride Action Network, CNN, ABC News, Utah Department of Environmental Quality, FDA, CDC, CDC, American Dental Association, Fluoride Action Network, Court Docs, Newsweek.