Washington, DC— Rep. Diane E. Watson (D-CA-33) and Rep. Dan Burton (R-IN-05) issued the following statements after a class action lawsuit resulted in ruling that the FDA must classify mercury fillings within one year:

“I have been a strong advocate for banning the use of dental amalgam in the field of dentistry.  In 1992, during my tenure in the California State Senate, I wrote into law legislation that requires dentists in the state of California to provide their patients with a fact sheet listing the risks of mercury amalgam fillings,” stated Rep. Watson. “In 2006, I presented testimony to a joint panel of the Food and Drug Administration (FDA) advisers assembled to review the safety of amalgam dental fillings. Since then, the FDA had not taken any steps to classify mercury amalgam.”

“I am very proud of all the people who worked to change this dangerous FDA policy over the past ten years”, stated Rep. Burton. Without their hard work, this victory would not have been possible. Mercury is one of the most toxic substances found in nature and it is important for all Americans to know and understand the serious risks posed by mercury-containing amalgams, so they can to make informed choices about the types of dental restorative material that is used in their treatment.”

A recent class action lawsuit filed by Moms Against Mercury et al v. Von Eschenbach, Commissioner, et al ended with ruling that the FDA must comply with the law and set a date to classify mercury amalgam. Per the ruling, the FDA must finish classifying within one year of the close of public comment period on its amalgam policy by July 28, 2009.

The FDA also agreed to change its website on amalgam. It will now state the following:

“Dental amalgams contain mercury, which may have neurotoxic effects on the nervous systems of developing children and fetus.”

“Pregnant women and persons who many have a health condition that makes them more sensitive to mercury exposure, including individuals with existing high levels of mercury bioburden, should not avoid seeking dental care, but should discuss options with their health practitioner.”

“I am pleased that the combined efforts of advocacy groups and lawmakers have brought this important issue to the forefront,” stated Rep. Watson. “Our next step should be to look at how mercury amalgam and mercury in vaccines have contributed to other serious health conditions including autism in newborns which is on the rise across the country. This ruling is just the first victory in our efforts to educate the public on the serious health risks associated with its use.”