Lawsuit challenges FDA on dental amalgam

A new lawsuit claims that despite evidence of harm caused by dental amalgam, the U.S. Food and Drug Administration (FDA) has delayed protecting the public's health against mercury tooth fillings.

Plaintiffs in the suit, which was filed March 5 by Tulsa, OK, attorney James M. Love, include the International Academy of Oral Medicine and Toxicology, according to a sott.net story.

The largest user of dental amalgam is the U.S. government, which uses amalgam for welfare recipients, prisoners, those living on Indian reservations, and the military, and affects mostly low-income people, including women and children, who are given no other options, according to the suit.

The plaintiffs claim the FDA has failed to respond within a reasonable time to petitions calling for either a formal ban of dental amalgam use, or placement in the FDA's class III, which requires additional restrictions for vulnerable individuals, more stringent proof of safety, an environmental impact statement.

The suit claims that U.S.consumers and dental professionals are being misled by the ADA, a powerful advocate for continued amalgam use.

The suit states that scientists have repeatedly warned the FDA of the risks caused by dental amalgam, and cited a study that found that children are particularly at risk for mercury poisoning.

In 2012, the American Public Health Association (APHA) accepted an interim policy statement affirming that dental amalgam is safe and effective in treating dental caries. However, APHA staff has informed DrBicuspid.com that this policy statement is no longer current APHA policy.

The ADA has supported provisions included in a 2013 global mercury treaty that upholds the use of dental amalgam, while also supporting the call for more research into new dental treatment options.

The global treaty aims to limit mercury emissions to the environment and sets forth measures pertaining to the burning of coal, the largest single manmade source of mercury in the environment.