FDA Sued Over Mercury in Dental Fillings
A number of dental groups and individuals have filed a lawsuit in D.C. District Federal Court alleging that the Food and Drug Administration (FDA) has not adequately addressed concerns over the use of “amalgam,” a material that contains mercury, in dental fillings. Among other claims, the suit alleges that such filings are particularly dangerous to children and should be restricted for use in kids and other vulnerable populations.
Attorney James M. Love, who filed the lawsuit, said in a statement that American consumers and dental professionals are being misled by the American Dental Association (ADA) — the largest and most powerful advocate for continued amalgam use.
“The ADA has misrepresented FDA’s lack of regulation as proof of safety, and continues to use this toxic dental filling, despite scientifically demonstrated risks,” said Love. “Most individuals remain unaware that those ‘silver’ fillings, prevalently used as a dental restoration and covered by insurance policies, consist of 45-55% metallic mercury, and that there are health and environmental risks associated with those fillings.”
Scientific studies cited by the plaintiffs claim that mercury is a persistent toxic chemical that can build up in the body, particularly in the kidneys and the nervous system. Young children, they say, are more sensitive to mercury and can be exposed to mercury through breast milk. Unborn fetuses can be exposed to mercury from placental transfer of mercury from a pregnant woman’s teeth if she has fillings containing amalgam.
“We have banned mercury in disinfectants, thermometers, and many other consumer products,” said Griffin Cole, DDS, President of the IAOMT. “There is no magic formula that makes mercury safe when it’s put into our mouths. It’s inexcusable to use mercury in dental fillings when there are much safer alternatives.”
A previous 2007 lawsuit, Moms Against Mercury v. Eschenbach, alleged that more than thirty years ago the FDA was legally obligated to classify dental amalgam, but did not do so. In direct response to this lawsuit, the FDA agreed to classify dental amalgam. However, FDA classified the device in Class II, assigning no controls or other measures intended to protect the public. The new lawsuit is claiming the FDA has not responded appropriately to petitions requesting amalgam be classified as Class III, which would require higher safety standards, environmental impact studies, and restricted use in vulnerable populations, including children.
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