The BSC voted in favor of the NTP making minor adjustments to the so-called "state of the science" report and accompanying meta-analysis, both of which have been at the heart of the long-delayed fluoride lawsuit.

The legal battle between the U.S. Environmental Protection Agency (EPA) and the Fluoride Action Network (FAN) began in 2016 when FAN and plaintiffs filed a petition under the Toxic Substances Control Act. The plaintiffs are attempting to prove that fluoride is a neurotoxin and should be regulated or banned under the Toxic Substances Control Act.

While the BSC voted to accept the working group's recommendations it did not make suggestions on how the NTP should update the reports. The BSC left that decision up to Dr. Richard Woychik, the NTP's director. Woychik will now decide whether to accept the BSC vote and publish the reports, or initiate another round of draft reports which would require further reviews.

Due to Woychik's position and previous statements regarding his role in preventing the release of the NTP report in 2022 there are concerns about his involvement in the final decision making process. In January, emails released in the course of the lawsuit highlighted how officials within US Centers for Disease Control and Prevention (CDC) and Department of Health and Human Services (HHS) previously blocked the release of the NTP's May 2022 review, despite the scientists stating it was ready for release. Dr. Woychik filed a declaration with the court claiming responsibility for blocking the release of the May 2022 NTP monograph. Woychik is now in a position where he will once again decide whether or not to release the NTP's latest review.