A groundbreaking federal lawsuit could ban fluoride from drinking water, overturning a decades-long program aimed at preventing cavities that has been challenged by mounting evidence of harm.

The Fluoride Action Network (FAN) sued the Environmental Protection Agency (EPA) under the Toxic Substances Control Act in 2017, and it appears to be nearing its conclusion. Under the act, citizens can challenge the EPA in court when the agency rejects a petition to ban or regulate a toxic substance. The FAN’s suit is the first in the 44-year history of the act to actually get to trial.

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