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Can water fluoridation be the target of toxic tort litigation? P.3

We’ve been looking in our last couple posts at the topic of water fluoridation, and whether water fluoridation can ever become the subject of toxic tort litigation. As we’ve noted, water fluoridation is legal, but it could be challenged on the basis of a municipality failing to follow the proper procedure related to water fluoridation.  

It is also possible that those who are harmed by over-fluoridation of the water supply could seek relief in court for their injuries. According to the Environmental Protection Agency, the current maximum enforceable drinking water standard for fluoride is 4 mg/L. The EPA requires that communities in which water fluoridation exceeds that amount must notify the public. Failure to provide that notification, or negligently over-fluoridating the public water supply, could potentially become the subject of legal action. 

Fluoride litigation may be possible with respect to dental care product manufacturers who put out an unsafe product or who fail to provide consumers adequate warnings, though it certainly isn’t a common subject of litigation.

The bottom line is that water fluoridation is generally not a common subject of litigation. Again, this is not to say it isn’t possible or that it will never be possible, but only that it is unlikely to be the source of significant litigation. As the effects of water fluoridation continue to be studied, it is possible that convincing evidence could accumulate, at which point the door may be opened for legal action.  

All that having been said, those who have been harmed by fluoride, whether through a municipal water supply or through exposure to dental care products, can and should consult an experienced attorney to determine their options for seeking justice, both in and out of court. 

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