The Herald
By JASON PHEASANT, Staff Writer
April 1, 2006

NEW BRITAIN , Conn. -- Two sides faced off in court Friday, arguing whether mercury amalgram fillings pose a health threat to individuals and endanger the environment.  Consumers for Dental Choice argued that dentists should not be permitted to use mercury-silver fillings on patients, claiming there are safer alternatives to the older mercury fillings.  

In a lawsuit that began in October, consumer advocates are challenging a state Department of Environmental Protection ruling that created an exemption for the use of mercury in dental fillings, even though current state policy includes a zero-tolerance mercury standard.

Gina McCarthy, DEP commissioner, ruled that dentists who still use mercury amalgrams have an implied exception to the law. The DEP and the Connecticut State Dental Association are the named defendants in the suit.

Consumers for Dental Choice, victims of mercury poisoning and a mercury-free dentist joined forces to appeal the initial ruling. 

Defendants listened Friday as Boyd Haley, a chemistry professor at the University of Kentucky, testified about research on the dangers of mercury fillings. Haley has done numerous experiments dealing with different levels of mercury, its toxicity, and whether its vapors escape from amalgams. 

"There has been no legal action to phase out amalgam fillings in the United States ..people are becoming more educated and requesting that they not be used," he said. 

According to the suit, in 2002 the Connecticut General Assembly passed Public Act 02-90, concerning mercury education and reduction. 

The act states "mercury is a persistent and toxic pollutant that bioaccumulates in the environment, and that in order to create and maintain a healthful environment and protect public health, the virtual elimination of the discharge or anthropogenic mercury should be pursued." 

Haley said that was a good policy because, "Mercury can induce damages to the brain." 

The plaintiffs are represented by the law firm of Brown Rudnick Berlack Israels of Hartford.

Friday’s session ended with testimony by the defendants’ witness. The case will reconvene after both sides have met with one another and Judge George Levine. After all sides have conferred, Levine will determine the next court date.

This is the second time both parties have met in New Britain court arguing over this case. 

Jason Pheasant can be reached at jpheasant@newbritainherald.com or (860) 225-4601, Ext. 231.