FDA Sued To Defend Against Mercury Dental Fillings

by Prolonged Island Lawyer Paul A. Lauto, Esq.

In 2007, Moms Against Mercury sued the FDA to classify dental amalgam used to fill cavities.  The finish result was the FDA designation of amalgam as a Class II product.  In that a Class II item designation maintains restricted safeguards and controls, in or about 2010 a petition was filed with the FDA to basically ban the use of  dental amalgam.

As a outcome of the FDA’s failure to act on that petition, a lawsuit for declaratory judgment has now been filed in federal court (Int’l Acad. Of Oral Med. &amp Toxicology, Inc. v. FDA).  The suit alleges that the FDA’s failure to respond to the petition was violative of the Administrative Process Act and in essence seeks the re-classification of dental amalgam as Class III.  Such classification would provide enhanced safeguards and demand amalgam companies to demonstrate that their merchandise is secure.

Mercury, contained within dental amalgams, is extensively accepted to be a toxic metal with numerous critical health dangers if ingested.  These well being hazards consist of brain injury, organ harm, central nervous method injury and far more.  All this begs the question of why does the FDA, which is designed to defend buyers, have to be sued twice just to classify this kind of a potentially unsafe item as Class III ?  Perhaps the volume of documented cases of toxic mercury poisoning haven’t reached a specific “cost efficient threshold,” as usually would seem to be the manual used by car manufacturers with recalls.

It seems our governmental agencies no longer subscribe to the maxim of “error on the side of caution,” when it comes to our health and setting for that matter.  Instead, they now subscribe to the maxim of “error on the side of massive business.”  The difficulty is, the value of this subscription is the well becoming of our families and young children.

Long Island Attorney
Paul A. Lauto, Esq.

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