Appeals court reversal on fluoride ruling faces rehearing challenge; science remains “solid as a rock”
A federal appeals court overturned a 2024 ruling that water fluoridation poses an unreasonable risk to children’s IQ, citing procedural errors by the judge.
Consumer advocacy groups filed a petition Nov. 12, 2026, asking the 9th Circuit to reconsider its May 21 decision, arguing it misapplied legal principles.
The lower court had ordered the EPA to regulate fluoride under the Toxic Substances Control Act after finding neurotoxic harm to children.
The appeals panel did not challenge the science but ruled the judge improperly delayed proceedings to await a key government study.
More than 80 communities and two states have voted to end fluoridation since the original ruling, driven by the “Make America Healthy Again” movement.
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