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(Children's Health Defense) A federal appeals court has vacated a landmark decision that found fluoridated drinking water poses an "unreasonable risk" to children's health under the Toxic Substances Control Act (TSCA).
The decision by the 9th U.S. Circuit Court of Appeals did not challenge the substance of the lower court's findings - that fluoride is toxic to children and ought to be regulated. Instead, the court based its decision on procedural issues related to the lower court's handling of the litigation.
The case will now go back to the U.S. District Court for the Northern District of California, where District Judge Edward Chen will be required to exclude all scientific evidence that became available after 2020.