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Ann Ig. 2024 May-Jun; 36(3): 261-269. doi: 10.7416/ai.2024.2594. Epub 2024 Jan 23.

Water fluoridation between public health and public law: an assessment of regulations across countries and their preventive medicine implications

Silvio Roberto Vinceti1, Federica Veneri2,3, Tommaso Filippini4,5

1. Department of Law, University of Modena and Reggio Emilia, Modena, Italy
2. PhD Program in Clinical and Experimental Medicine, Department of Biomedical, Metabolic and Neural Sciences, University of Modena and Reggio  Emilia, Modena, Italy 
3. Department of Surgery, Medicine, Dentistry and Morphological Sciences with Transplant Surgery, Oncology and Regenerative Medicine Relevance (CHIMOMO), Unit of Dentistry & Oral-Maxillo-Facial Surgery, University of Modena and Reggio Emilia, Modena, Italy 
4. Environmental, Genetic and Nutritional Epidemiology Research Center (CREAGEN), Department of Biomedical, Metabolic and Neural Sciences, Medical School – University of Modena and Reggio Emilia, Modena, Italy 
5. School of Public Health, University of California Berkeley, Berkeley, CA, USA

Abstract

Background.
Among health professionals and health policymakers concern is growing as to the difficulty of balancing the prevention of dental caries through cost-effective interventions and the need to limit unnecessary exposure of the population, and especially children, to environmental chemicals. In this respect, the use of water fluoridation to prevent tooth decay epitomizes  the dilemma by raising questions relevant to both public health and public law, ranging from the balance of public  health and medical selfdetermination, the division of powers between local or national authorities over water fluoridation, and  the need to avoid the adverse effects of socioeconomic inequalities as well as both under- and over-exposure.

Study design.
We carried out a narrative review by searching the relevant literature about the laws and rules related to drinking water fluoridation at the community level in the US, UK, and Europe, in order to discuss how the issue is handled from both a public health and public law perspective. 

Methods.
Sources of data for this review were the biomedical and legal literature retrieved by searching online databases, and websites of public health and legal institutions. 

Results and Conclusions.
We found that water fluoridation is still largely adopted throughout the US, while in the UK and particularly in the European Union only a minor part of the population is subject to it. In addition, the recommended and maximum allowed amounts of fluoride in drinking water are being adapted to the public health recommendations and the new regulations, within an evolving  evaluation of the epidemiologic evidence and the risk assessment currently in progress by two major regulatory agencies, the  US National Toxicology Program – NTP and the European Food Safety Authority – EFSA. Under a comparative public law perspective, the three investigated legislations are facing a reassessment of their policies and regulations, to allow for  effective and safe public health measures in the field of water fluoridation and more generally for a preferred use of topical  fluoride for caries

KEYWORDS: Public health; drinking water; fluoride; law; regulations; policy
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