CHICAGO, May 22, 2026 — The American Dental Association (ADA) applauds the recent U.S. Court of Appeals for the Ninth Circuit on their decision to overturn the lower court's 2024 order that had 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 bounds and commandeered the case. The initial decision for the judge to include pending evidence on his own accord overstepped the process while waiting for the report that was not the evidence presented by either party in the lawsuit. The three-judge panel returns the case to the lower court requiring review with 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,” said Rich Rosato, D.M.D., president of the American Dental Association. “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.”
The ADA believes the recent court ruling could correct a fundamental misunderstanding and misapplication of the prevailing scientific literature on the safety of fluoride and community water fluoridation. The Association strongly supports the decision and its role in restoring clarity and confidence in long-established public health science.
“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,” said Dr. 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 American Dental Association filed an amicus brief (PDF) July 25, 2025, in support of the Environmental Protection Agency’s appeal and is committed to work with the agency on reviewing the latest U.S. based analyses demonstrating how water at optimal levels does not impact IQ or cognitive function in adolescence through age 80.
The ADA will continue to be a staunch supporter of community water fluoridation at optimal levels to help prevent tooth decay. For more information on community water fluoridation, visit ADA.org/Fluoride.