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A federal judge in California is poised to decide in the next few weeks whether fluoride added to the drinking water of more than 200 million Americans is harmful to children’s developing brains and whether the Environmental Protection Agency (EPA) should be forced to restrict its use. 

The landmark trial in Food & Water Watch Inc. v. EPA began on Feb. 1 and centered around the issue of how much is too much when it comes to adding fluoride to drinking water. Nobody on either side disputed the fact that fluoride is toxic. 

The case was brought by Food & Water Watch Inc. after the EPA denied a petition under Section 21 of the Toxic Substances Control Act (TSCA) to regulate water fluoridation in drinking water supplies under Section 6(a), arguing the ingestion of fluoride poses an “unreasonable risk of neurotoxic harm to humans.” Plaintiffs then filed a lawsuit seeking judicial review of the agency’s decision.

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