Health Supreme by Sepp Hasslberger

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June 14, 2006

FDA Sued: Regulate Toxic Mercury 'Silver' Dental Fillings

1 June 2006 - Consumers for Dental Choice ( has filed a motion (full text here) asking the court to ban mercury fillings used widely in dentistry, until the FDA complies with the Food Drug and Cosmetic Act and the National Environmental Policy Act, which give the FDA oversight and an obligation to "classify" any materials used.

The case was initiated on 27 April before the U.S. Court of Appeals for the District of Columbia and the present motion follows a previous attempt to make the FDA take action, filed in the same case on 15 May.


"Silver" mercury fillings - image eastin dentistry

Toxic mercury has been widely used both in dentistry and as a preservative in vaccines. It is a slow acting neurotoxin that should be kept out of the human organism just like lead and other heavy metals:

Mercury is a toxic substance which has no known function in human biochemistry or physiology and does not occur naturally in living organisms. Inorganic mercury poisoning is associated with tremors, gingivitis and/or minor psychological changes, together with spontaneous abortion and congenital malformation.

Monomethylmercury causes damage to the brain and the central nervous system, while foetal and postnatal exposure have given rise to abortion, congenital malformation and development changes in young children.

Yet, the FDA refuses to even consider the problem and the American Dental Association defends its use.

Consumers for Dental Choice is determined to end the toxic hazard in our mouths and is asking for your help:

- - -

We ask federal court for injunction to ban mercury fillings
We took a giant leap in our case against FDA for failing to regulate mercury fillings. On June 1 we filed a motion asking the court to ban mercury fillings until FDA complies with the Food Drug and Cosmetic Act and the National Environmental Policy Act -- FDA_Motion&brief_June2006.pdf.   Now FDA must answer for its misdeeds in front of the second most important court in America, the U.S. Court of Appeals for the District of Columbia. We owe a huge debt of thanks to a number of great people for this massive effort, including six who provided sworn statement, and our great legal team -- see below. ***

            Now it's your turn.  Write your Member of Congress & your 2 Senators and ask why FDA won't do an Environmental Impact Statement on the largest source of mercury in the wastewater, why FDA has refused to classify mercury fillings for decades, why FDA allows amalgam to be sold under a sham system which pretends it doesn't even have mercury.

To recap the case, on April 27 we sued the U.S. Food and Drug Administration asking for a ban on mercury fillings, due to massive regulatory failings by FDA. On May 15, I invited the FDA Acting Commissioner to issue a temporary ban until his staff complies with the law -- by doing an Environmental Impact Statement and properly classifying encapsulated amalgam. I told him if he did not respond, we would march back to court.  We heard nothing, and kept our word.
Again, please write Congress. Unless you get your elected officials interested in FDA's contempt for the laws of the United States, FDA pro-mercury bureaucrats will continue to protect mercury fillings and cover up from the public the very existence of the mercury.  Send an e-mail to your two US Senators and your Congresswoman or Congressman, today, to investigate FDA.

Charlie Brown, 6/13/06
Charles G. Brown, National Counsel
Consumers for Dental Choice
1725 K St., N.W., Suite 511, Washington, DC 20006
Ph. 202.822-6307; fax 822-6309,


1) Six leaders signed sworn statements that we attached as exhibits: Georgia activist Pam Floener had a great "in-your-face" e-mail exchange with FDA staff; Washington DC activist Paulette "Rabia" Rayford compiled a survey for us on state Medicaid policies re consumer choice; Dr. Tim Gallagher of Sunnyvale, CA, president of the Holistic Dental Assoc., and Dr. Mike Margolis of Mesa, AZ, president of the International Academy of Biological Dentistry and Medicine explained that modern dentists don't need to use mercury fillings for any kind of cavity; while Dr. Dave Kennedy, past president of the International Academy of Oral Medicine & Toxicology, explained the occupational risks and Professor Boyd Haley of the University of Kentucky the health risks.

2) Bernice Collura, our former president, pushed for an early filing of this motion.

3) Our legal team: lawyers Bob Reeves of Lexington (KY) and Sandy Duffy of Portland (OR), law student Johann Wehrle of Catholic University Law School, and yours truly, plus our professional editor, Mike McClory. Johann Wehrle has done a spectacular job for Consumers for Dental Choice for the past 12 months; we are happy to report he graduated from law school two weeks ago.

See also:

US FDA: Maybe It's Time for the Hercules Solution...
There is no better simple example of FDA corruption than that illustrated by the FDA division assigned the task of regulating US dentistry issues. The situation is so bad there that, recently, the legal team for an activist group put FDA legal counsel on "Official Notice," threatening to file "Fraud on the Court" briefs if, and when, FDA dental division employees reversed themselves once again. The intent was to force the dental division to stop obfuscating the "mercury amalgam" tooth filling issue. The FDA dental division sees, as its mission, the preservation, at any cost, of the current dental system - one based on "image" rather than "health." Official dentistry wants no part of "what happens in your mouth affects your whole body."

More than half of US dentistry now mercury-free
A dentist magazine surveyed its dentist readers, and finds that 52% of American dentists now are mercury-free. This new dentist majority brings colossal ramifications upon America 's protectors of mercury fillings -- the American Dental Association and the Food and Drug Administration.

Wall Street Turns Thumbs Down to Mercury Fillings
A stunning report by Bank of America Securities advises that dental products company Dentsply, the #2 manufacturer of mercury fillings, realign its operations to sell only the resin and other filling materials. The report came after the latest ADA meeting in San Francisco, where the buzz throughout the meeting was whether mercury fillings would be banned or phased out.


posted by Sepp Hasslberger on Wednesday June 14 2006
updated on Tuesday December 21 2010

URL of this article:


Related Articles

EU Mental Health Decline Due To Mercury Poisoning: Chemist
The European Union is tackling the problem of declining mental health and has issued a Green Paper in October last year, asking for input and comments on how to best prevent and treat mental problems. In response to this invitation, Poul Moeller, a retired chemist who lives in Denmark, suggests that an increase in mental problems is caused by a toxic metal that has been routinely used in tooth fillings... [read more]
March 07, 2006 - Sepp Hasslberger

Senate Bill To Limit Pharma Liability for Mercury Poisoning
A provision introduced by Senate Majority Leader Bill Frist in the Protecting America in the War on Terror Act, introduced in January this year as Senate Bill S-3, will effectively limit the liability of pharmaceutical manufacturers including Merck, GlaxoSmithKline, Aventis, Weyeth and Eli Lilly, for having caused widespread poisoning of children resulting in damage to normal brain development. As a matter of fact, an epidemic of autism is sweeping especially... [read more]
April 23, 2005 - Sepp Hasslberger

Mercury To Blame For Diabetes Epidemic, Alzheimer's, Parkinson's, Autism
Mercury is a highly toxic substance yet we freely inject quantities of it into helpless infants, we plaster people's teeth with a metal mixture that contains up to 50% of the poisonous stuff, and we allow emission of thousands of tons of mercury vapors into the air and into rivers every year, which we then ingest with fish and other foods. At times it would seem that we may be... [read more]
March 27, 2005 - Sepp Hasslberger

Pharma Reticent About Mercury, Vaccine Damage
According to the ARHP - Alliance for Human Research Protection, Merck knew about vaccine damage but did little or nothing to either alert the public or change vaccine formulation for years. The information comes from a leaked memo written in 1991, referred to by the Los Angeles Times in an article on 8 February. The memo, written by a former Merck scientist calculated that 6-month-old children who received their shots... [read more]
March 15, 2005 - Sepp Hasslberger

Mercury: Toxic Amalgam 'Unsuitable for Dental Restoration'
While the European Union is consulting stake holders in an effort to develop a strategy for limiting environmental mercury pollution, we are continuing to use mercury, which is highly neuro-toxic, in "medical" uses such as tooth fillings and vaccines. If you would like to observe how mercury acts on growing neuronal tissue, there is a film made by the University of Calgary and available here. Unfortunately, while our awareness of... [read more]
May 11, 2004 - Sepp Hasslberger

CDC Knew: Mercury in Vaccines Induces Autism
It is quite clear that mercury is a potent neurotoxin and actually kills developing nerve cells. The serious thing is that mercury has been injected into children with numerous vaccines and it still is - with the majority of flu vaccines. Visual evidence in a film linked here, it takes eons to download so you need a fast connection or a lot of patience. This danger was apparently clear to... [read more]
February 17, 2004 - Sepp Hasslberger




Readers' Comments

Does anyone know of a national or other class action law suite for metal poisoning that I can join. I was metal poisoned by my metal dental root canal cap and can't seem to find any viable recourse.

Posted by: mike wertelet on October 30, 2007 02:12 PM


Dear Sepp: Within the last few days an article came out in the FDA News in which Rep. Rosa DeLauro from Connecticut urges the FDA's Science Board to expand its inquiry of BPA to include medical devices. That means composite fillings are coming under investigation as well as amalgams. If I understand this correctly, it is possible that before long it could be illegal for dentists to fill teeth at all. What is your take on BPA in fillings?

Posted by: Darrell on June 30, 2008 04:36 PM


Darrell, it seems to me we must compare. Take the toxicity and exposure limits for mercury, and compare with the toxicity and exposure limits of Bisphenol A. If there is no alternative, the less toxic should be chosen. If there is a need, a cleaner substance that does not have toxicity problems should be developed for dental work. From the following paragraph, found here:

"A review of key studies on dental resins containing BPA-based materials reveals that the highest reported acute oral exposure to BPA is more than 50,000 times lower than levels shown to cause acute oral toxicity in animal studies. Although repeated exposure to BPA from dental resins is not expected to occur, the highest reported acute oral exposure is also below the maximum acceptable or "reference" dose for BPA, which is set for repeated exposure over a lifetime. Consequently, exposure to BPA from dental resins for both adults and children is minimal and poses no known risk to human health."
it would seem that BPA in resins is less of a problem than mercury. Cetainly it is a less permanent source of contamination.

Posted by: Sepp on July 1, 2008 09:13 AM


Sepp, I couldn't agree with you more. I think research from the ADA clearly shows that BPA is safe at the levels a person is exposed to.

Of course the ADA says the same about dental amalgam.

Nevertheless, someone will eventually point out that BPA is not only in sealants and composites, but it is also used to help hold orthodontic brackets, as well as veneers to teeth. It is in dentures. Nightguards. Orthodontic retainers. Bleaching trays - if it is not metal or porcelain, it is plastic and it contains BPA. It is even in the handle of your toothbrush, as well as the bristles.

Here is something else well-intentioned advocates will scare patients with: Since dental plastics are in contact with a person 24 hours a day and immersed in saliva - are sometimes doused with alcohol and heated with hot liquids and gasses, and since microscopic chunks of the plastic are always being swallowed, I doubt that Rep. DeLauro will be allowed to let those devices slip by if popular opinion says that baby bottles are dangerous.

I emailed Consumers for Dental Choice ( for their opinion of this matter, but the person who responded said that they could not comment on it. What do you think is going on there?

Posted by: Darrell on July 1, 2008 02:11 PM


Darrell, since Consumers for Dental Choice was likely set up mainly to combat toxic mercury in tooth fillings, it may take a while for them to form any kind of consensus regarding BPA. It seems that this is a new thing and we need to find out how serious it may be, evaluate the alternatives and in case there are none, develop them.

Posted by: Sepp on July 2, 2008 05:05 AM


Sepp, I and others sincerely appreciate your responses. You are correct about toxicity of BPA being a new thing in dentistry - at least outside the profession itself. You and I are discussing issues that are on the cutting edge of history - the kind of current information your blog is known for. I find this exciting.

Let me confess that I heard that BPA was suspected of causing sexual organ aberrations in amphibians more than 10 years ago. I also knew from dental school that bisphenol-A is a component of many dental materials including composite fillings. When my patients absolutely refused to allow me to place the cheaper and more durable amalgam fillings because of irrational fear, did I tell them about the BPA in composites? I did not. It would have done my patients harm to unnecessarily scare them about the only alternative to amalgam. Some would have had me extract the teeth. I don't want to cause harm.

How serious is the problem with BPA in fillings? Probably about as serious as mercury in amalgams - as far as the public is concerned.

Evaluate the alternatives? There are none.

Develop alternatives? There is nothing in the pipeline, and you can bet that the new product, when it comes along in a decade or so, will be incredibly expensive, will not have a track record at all and will be questioned for toxicity by the public and will fail.

Thank you so much, Sepp, for offering this forum. That was brave of you.

Sincerely, Darrell Pruitt DDS

Posted by: Darrell on July 2, 2008 08:13 AM


What happened to you, Sepp? Darrell

Posted by: Darrell on July 3, 2008 08:37 AM


Sepp, I'm calling you out. Remember the unanswered questions you left me with? Remember my last comment you failed to post? Remember all those lies you said about mercury fillings over many years that have caused people harm? These are all issues that are on the table to be discussed, with or without your contributions.

You'll be hearing more from me if you are paying attention. I'll make you famous.

Kom heraus, Kerl. Es ist bald Zeit. Darrell


In all seriousness, Freya Koss, these issues about toxic fillings we are currently debating need to be discussed openly. This forum (whatever it is) is as good a place as any to initiate a historical event. How about it? Please invite more of your friends from the IAOMT. Also tell Marie Flowers, Sepp Hasslberger and Tom McGuire DDS to please join in on our discussion about dentistry. A few of them may even recognize my name.

Posted by: Darrell on July 19, 2008 11:19 AM


Technical problems. I just discovered I haven't been getting email notification of comments for some months now and am going through the accumulated comments approving them and deleting the spam ones.

Posted by: Sepp on September 24, 2008 03:51 PM


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The Individual Is Supreme And Finds Its Way Through Intuition


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These articles are brought to you strictly for educational and informational purposes. Be sure to consult your health practitioner of choice before utilizing any of the information to cure or mitigate disease. Any copyrighted material cited is used strictly in a non commercial way and in accordance with the "fair use" doctrine.



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