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Birmingham Water Utility's Abrupt Fluoride Removal Sparks Legal Action

3/31/2026, 5:23:17 AM

Central Event: Birmingham's Fluoride Controversy

In March 2026, residents of Birmingham, Alabama, were informed by Central Alabama Water (CAW) that the utility would no longer add fluoride to the city's drinking water. However, it was later revealed that the utility had ceased fluoridation years prior, with three of its four water treatment plants stopping the practice between January 2023 and March 2024 without public notification. This revelation has led to significant public outcry and legal action from the city.

Background & Context: The Shift in Water Management

The cessation of fluoride addition occurred under the Birmingham Water Works Board before CAW was established in 2025. CAW justified the discontinuation by citing aging equipment and high maintenance costs, estimating over $3.7 million needed for repairs. The utility's spokesperson indicated that the decision was made to allow residents to make individualized choices regarding fluoride use, referencing the availability of fluoride in toothpaste and mouthwash.

Legal Action: Birmingham's Lawsuit Against CAW

In response to the fluoride removal, the City of Birmingham filed a lawsuit against CAW, claiming the utility violated Alabama law by failing to provide a 90-day notice to the State Health Officer before making permanent changes to fluoridation. The city argues that this abrupt action poses a public health risk, particularly for vulnerable populations who rely on community water fluoridation to prevent dental decay. Birmingham's legal filings describe the situation as a "public nuisance" and seek an emergency court order to restore fluoride to the water supply.

Court Ruling: Temporary Restraining Order

On March 30, 2026, a Jefferson County Circuit Judge issued a temporary restraining order requiring CAW to resume fluoridation while the lawsuit is pending. The judge noted that the utility demonstrated "blatant disregard" for state law by not providing the required notice and acknowledged the potential for "immediate and irreparable harm" to Birmingham's residents.

Criticism & Opposition: Public Health Concerns

Public health experts have criticized the removal of fluoride, emphasizing that while fluoride toothpaste is beneficial, it does not replace the need for fluoridated water. Dr. Scott Tomar, head of the department of population oral health at the University of Illinois Chicago, stated that the removal has likely increased the risk of cavities, especially among young children. Birmingham Mayor Randall Woodfin has also expressed frustration over the lack of transparency from CAW, highlighting that some current leaders were part of the previous board that oversaw the cessation of fluoridation.

Official Statements & Responses

CAW's CEO, Jeffrey F. Thompson, defended the decision by stating it was based on operational, safety, and financial needs. He emphasized the utility's commitment to transparency and the need to focus on delivering high-quality drinking water. However, the city's lawsuit argues that the utility's actions were illegal and detrimental to public health.

What's Next: Ongoing Legal Proceedings

The temporary restraining order remains in effect until a preliminary injunction hearing scheduled for April 2, 2026. The outcome of this legal battle will determine whether CAW must restore fluoride to Birmingham's water supply and how the utility will address its operational challenges moving forward.