Anti-amalgam suit loses.

federal appeals court has dismissed a suit seeking to force the FDA to
classify amalgam as a device so that it would be subject to tighter
restrictions. The suit was brought by four organizations and five
individuals who mistakenly believe that the mercury in amalgam fillings
poses a hazard that deserves greater FDA regulation. The FDA argued that
(a) its regulation is adequate, (b) the court lacks jurisdiction, and
(c) the plaintiffs lacked standing to sue. The appeals court ruled that
failure of the FDA to classify a device does not give rise to judicial
review. [Opinion. Moms against Mercury et al. v. Food and Drug
Administration. U.S. District Court for the District of Columbia
Circuit. Case No. 06-1147, Decided April 13, 2007]
http://www.casewatch.org/civil/mercury_appeal.pdf Responding to the
ruling, the American Dental Association, which was not a party to the
suit, stated: "Some activist groups, relying on faulty science, tried to
use the court system to force the FDA to deprive the nation's dentists
and the patients that they serve of a safe and inexpensive option for
treating dental decay. . . . Dental amalgam is a safe and effective
filling material."

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