AARP Eye Center
5 ACCEPTED SOLUTIONS
NTP Scientific Director Tells The Defender What He Couldn’t Tell the Court
EPA Paid Expert Witness $137,000 to Testify in Landmark Fluoride Trial
Fluoride Expert Squares Off Against EPA on Day 1 of Landmark Trial
My goodness! It has been an exciting ride. The witness testimony in the #FluorideTrial has ended, but closing arguments will be heard on Tuesday 2/20/2024.
Plaintiff witnesses were wonderful, and were not shaken by EPA Counsel. The Defense witnesses were another matter.
Not only did David Savitz clearly and several times state that neither he nor the NASEM committee he chaired to review the 2019-200 early drafts of the NTP report dispute the NTP conclusions or fault the NTP methods, he articulated that the NASEM group only felt the communication should have been clearer. Right there, that's a big win. But there is more. Savitz:
- Admitted he knows little about fluoride science and hadn't read that much
- Misrepresented the findings of several studies (called out on cross examination as wrong)
- Claimed there is no sex difference associated with neurotoxins which makes him question those studies (cross examination pointed to toxicology texts confirming sex differences are common; Savitz excused his error by saying he hadn't read them because he is not a toxicologist)
- Admitted that he pulls in big bucks as an "expert" - including for the Telecom Industry which he repeatedly brought up. His rate is $500 hr and he has earned well over $100k in this trial
- Recently sat on a panel for Health Canada concerning fluoridation policy with two other paid fluoridation shills. Health Canada apparently had no problems with the obvious conflict of interests
- Received multimillion dollar grants from pro-fluoridation sources like NIDCR.
Then there was the officious Stanley Barone of the EPA who bored us all to tears with his complicated descriptions of processes. His primary job seems to have been to confuse the judge with meaningless drivel. Barone claimed he:
- Can't do a scientifically justifiable risk assessment because of all the uncertainty
- Believes there is "something there" (a neurotoxic effect), but won't determine what it is until there is more precise science for him to begin his calculations
- Pulled a couple of "Bill Clintons" when he claimed "Health Protective" can mean different things and retorted to Plaintiff Counsel "depends on how you define 'plausible'" in his defense of a bizarre study that contrary to every other study found that boys drinking fluoridated water have 21 point higher IQs
- Judges that the NTP and all the other scientists did things wrong, that as the EPA "Director of Integrity" only he knows the right way to do science
- Attributes levels of fluoride in the urine of 3rd trimester women living in fluoridated communities as probably largely due to their kidneys being oversaturated with fluoride and therefor unable to process it appropriately.
When Plaintiff Counsel asked Barone if he was "comfortable" with the kidneys of pregnant women being oversaturated with fluoride, Barone gulped and said, "My comfort level is not germane to the issue."
Really!!!!!
Liars, sociopaths and criminals! All of them.
Judge Chen is reviewing taped deposition testimony on that bizarre outlier study prior to asking a few more questions of counsel and hearing closing arguments scheduled on Tuesday, Feb 20th. It'll take a couple of weeks to get a ruling, and then there is always the option of appeal. Stay tuned.
Dr. Joel Bohemier’s presentation to the Commissioners of Collier County, FL includes quotes for EPA, CDC and others under oath from TSCA trial depositions. This presentation was part of the Commissioners deliberation that resulted in its unanimous vote to end fluoridation last week: https://unite.live/widgets/4142/recording/player#
It is in the hands of Judge Chen, now, but I've got to say that the closing on Feb. 20th was odd.
Not only did Judge Chen pepper both attorneys with questions, the EPA attorneys seemed to admit that fluoride exposure at doses consistent with water concentration of 1.5 ppm, 2 ppm and 4 ppm had been proven to result in lower IQ per studies of mom-child pairs performed in Canadian and other communities across the world. They admitted this despite the official policy of the U.S. EPA stating there is no harm up to 4 ppm (the actionable threshold for remediation) other than mild cosmetic dental fluorosis (tooth staining) at or above 2 ppm. The Canadian government has an actionable threshold of 1.5 ppm which is consistent with the WHO guidelines.
When Judge Chen challenged the EPA that per both plaintiff and defense witnesses, shouldn't there be a protective uncertainty or safety factor of at least ten to protect consumers applied to 2 or 4 which would protect teeth from moderate dental fluorosis which a recent Health Canada is concern at 1.56 ppm and from severe dental fluorosis which the 2006 National Research Council (NRC) said was an adverse health risk at 4 ppm which would also protect brains, EPA Defense attorney said that would be an interesting thought experiment, but Plaintiff attorney didn't argue about dental fluorosis (which by the way is positively associated with lower IQ and learning disabilities) so the judge could not legally do so. Frankly, it almost seemed like the EPA attorneys were threatening the Judge.
Judge Chen pushed back about EPA "Health Protective Assumption" guidelines, but EPA insisted that the Judge must not act based on science or consumer protection, but on strict interpretation of statutory law and the skill of the Plaintiff attorney in proving his case.
On the other hand, Plaintiff attorney was clear that the Toxic Substances Control Act (TSCA) only requires that any specific use of a chemical (fluoridation programs) not pose an "unreasonable risk" to consumers which include susceptible sub-populations like pregnant women and their offspring and bottle-fed babies. All five plaintiff witnesses were quite clear that optimally fluoridated water per CDC guidelines is subtly and permanently damaging the brains of millions of children. Even EPA witnesses and attorneys admitted that there is "something there" in the scientific evidence showing neurotoxic effects at 0.7 ppm, but argued it is not clearly defined enough to identify a "Point of Departure" for the EPA to perform a risk assessment.
Really?
Three Benchmark Dose Analyses which are the gold standard for beginning risk assessments and established uncertainty factors have identified that 0.2 mg/L, which is one tenth of 2 ppm, as harmful. This suggests that no fluoride exposure is safe for baby brains and is a scientifically justifiable Point of Departure in anyone's book.
But let's make it even easier for thick-headed fluoridationists to understand:
- No amount of fluoride in water or food is safe for pregnant women and their fetuses; bottle-fed infants and young children; the elderly and any in fragile health, such as diabetics or those with thyroid or kidney disease.
“Fluoride toxicity symptoms are threatening to steal away the golden years of the 'baby boomers,’ the first generation to be experimental subjects to lifelong water fluoridation.” - Susan Kanen, biochemist formerly with Army Corps of Engineers, Washington Aqueduct, water treatment plant for Washington, DC, whistleblower on lead in drinking water (2016)
As to KenP's scientific interpretations, I particularly liked what was said about his fluoride work by EPA in the course of the TSCA trial (Click here)
Bottom Lines:
- The NTP who like the NASEM experiences political pressure to protect fluoridation policy could not deny the pattern of neurological harm and acknowledged that there is scientific evidence that some people are genetically more susceptible to that harm. More recent science has confirmed both that harm and the genetic intolerance of many consumers.
- People have different fluoride exposures based on their water consumption habits and kidney function which mean that if 1.5 ppm concentration is unsafe as determined by the NTP, then 0.7 ppm is not safe for many consumers as, per standard toxicological protocol, the safety factor should at least be a factor of 10. EPA protocol suggests a greater safety factor for vulnerable populations who include senior citizens and those in fragile health, as well as pregnant women and bottle-fed babies. That the NTP failed to do the dose-response analysis was a political decision that tosses this hot potato topic into other laps.
- Senior citizens are vulnerable to the culminative effects of fluoride toxicity in their bones, bodies and brains. We should avoid fluoride and our advocacy groups like the AARP should support the end of fluoridation on our behalf.
The pattern revealed in the high-quality studies identified by the NTP is undeniable, even as they and vested stakeholders try to obscure that pattern with their verbal tap dances. Fluoride even in 'optimal' concentrations is a neurological hazard to humans which results in lowered IQ on a dose-response trend-line.
Notice the p-value in the graph below
'The MIREC & ELEMENT studies are strong, well-conducted studies - the best science we have..... I don't believe the results.' - Dr. Ellen Chang, Experian scientist for hire testifying for the EPA
'My main point is I’d hope the EPA would apply the proper standard and look at new evidence presented in this case.' - U.S. District Judge Edward M. Chan, presiding over Food & Water Watch et al. v. EPA
The quotes above are from my notes of the trial on fluoridation policy suing the EPA for failure to follow their own rules relevant to the Toxic Substances Control Act (TSCA). The quotes may not be letter perfect, but they are pretty close. The trial began on June 8, 2020 and is currently paused by Judge Chan in order to give the EPA an opportunity to re-examine the evidence provided by plaintiffs in order to take actions consistent with its mission to protect the public from harmful chemicals in water supplies. The EPA has until August 6th to come up with a response/actions that satisfies plaintiff attorneys.
There were many highlights in the trial, but I've got to say that one of my favorites is when one of the high paid white coats for hire listed 10 studies that she considered in reaching her conclusion with the MIREC & ELEMENT studies on the top and the New Zealand studies, including one by Ken Perrott, at the bottom. She said specifically that none of the NZ studies were good, but particularly pointed out that Ken P's study was low quality and so she did not give it any weight, even though she included those NZ studies on her list to justify her opinion.
Then in a small voice, I believe during cross examination after emphasizing how important it is to do the science in a disciplined way to prevent bias from coloring decisions, Dr. Chang said she 'did not believe' the findings of the best studies. OMG - poster child for scientific bias!
Other highlights included when the EPA was called to task for misrepresenting findings of studies, like of Mullenix et al. 1995 (found neurotoxic prenatal impact), CDC and EPA management getting caught misrepresenting facts, and Dr. Kathy Thiessen's chart that shows even accepting the flawed (yet touted) McPherson et al. 2018 animal study from the NTP, the reference dose (RfD) for fluoride is well below the intake of many populations, especially of bottle fed infants. In other words, formula fed babies in fluoridated communities are being poisoned with a substance that can and does lead to learning disabilities and lowered IQ. These are life long neurological deficits that extend into old age.
EPA tried mightily to impeach Dr. Thiessen and other plaintiff witnesses, to no avail. Plaintiff's witnesses actually used science and based their expert testimony & opinion on science, not beliefs. Even the EPA/NTP witness who was a 'fact witness' and barred from offering her expert opinion said that much of the consistent animal evidence of neurotoxicity was of moderate quality and none was very low. In a previous setting, Dr. Kristina Thayer had said you would not expect that an animal literature review would ever rate higher than moderate.
Dr. Joel Bohemier’s presentation to the Commissioners of Collier County, FL includes quotes for EPA, CDC and others under oath from TSCA trial depositions. This presentation was part of the Commissioners deliberation that resulted in its unanimous vote to end fluoridation last week: https://unite.live/widgets/4142/recording/player#
It is in the hands of Judge Chen, now, but I've got to say that the closing on Feb. 20th was odd.
Not only did Judge Chen pepper both attorneys with questions, the EPA attorneys seemed to admit that fluoride exposure at doses consistent with water concentration of 1.5 ppm, 2 ppm and 4 ppm had been proven to result in lower IQ per studies of mom-child pairs performed in Canadian and other communities across the world. They admitted this despite the official policy of the U.S. EPA stating there is no harm up to 4 ppm (the actionable threshold for remediation) other than mild cosmetic dental fluorosis (tooth staining) at or above 2 ppm. The Canadian government has an actionable threshold of 1.5 ppm which is consistent with the WHO guidelines.
When Judge Chen challenged the EPA that per both plaintiff and defense witnesses, shouldn't there be a protective uncertainty or safety factor of at least ten to protect consumers applied to 2 or 4 which would protect teeth from moderate dental fluorosis which a recent Health Canada is concern at 1.56 ppm and from severe dental fluorosis which the 2006 National Research Council (NRC) said was an adverse health risk at 4 ppm which would also protect brains, EPA Defense attorney said that would be an interesting thought experiment, but Plaintiff attorney didn't argue about dental fluorosis (which by the way is positively associated with lower IQ and learning disabilities) so the judge could not legally do so. Frankly, it almost seemed like the EPA attorneys were threatening the Judge.
Judge Chen pushed back about EPA "Health Protective Assumption" guidelines, but EPA insisted that the Judge must not act based on science or consumer protection, but on strict interpretation of statutory law and the skill of the Plaintiff attorney in proving his case.
On the other hand, Plaintiff attorney was clear that the Toxic Substances Control Act (TSCA) only requires that any specific use of a chemical (fluoridation programs) not pose an "unreasonable risk" to consumers which include susceptible sub-populations like pregnant women and their offspring and bottle-fed babies. All five plaintiff witnesses were quite clear that optimally fluoridated water per CDC guidelines is subtly and permanently damaging the brains of millions of children. Even EPA witnesses and attorneys admitted that there is "something there" in the scientific evidence showing neurotoxic effects at 0.7 ppm, but argued it is not clearly defined enough to identify a "Point of Departure" for the EPA to perform a risk assessment.
Really?
Three Benchmark Dose Analyses which are the gold standard for beginning risk assessments and established uncertainty factors have identified that 0.2 mg/L, which is one tenth of 2 ppm, as harmful. This suggests that no fluoride exposure is safe for baby brains and is a scientifically justifiable Point of Departure in anyone's book.
But let's make it even easier for thick-headed fluoridationists to understand:
- No amount of fluoride in water or food is safe for pregnant women and their fetuses; bottle-fed infants and young children; the elderly and any in fragile health, such as diabetics or those with thyroid or kidney disease.
"I downloaded AARP Perks to assist in staying connected and never missing out on a discount!" -LeeshaD341679
