A federal judge in Connecticut has ordered the state of Connecticut to stop harassing Dr. Mark Breiner for criticizing mercury amalgam fillings. Breiner may now advertise and advocate mercury-free dentistry in any public forum, and state why they are such a horrid health risk. The case was decided in First Amendment grounds. 

The US Supreme Court ruled in Daubert v. Merrell Dow Pharmaceuticals, Inc. that judges must act as "gatekeepers" in the courtroom, determining if the scientific evidence introduced is relevant and reliable. The Daubert decision has had tremedous impact on how science is used (and misused) in courts. In his dissent in the Daubert case, Chief Justice William Rehnquist raised concern that Daubert would force judges, many of whom have little knowledge of science, to become "amateur scientists."

"The ADA owes no legal duty of care to protect the public from allegedly dangerous products used by dentists... ...The ADA's only alleged involvement in the product was to provide information regarding its use. Dissemination of information relating to the practice of dentistry does not create a duty of care to protect the public from potential injury".

Dentist David Barnes, sued Kerr Corp., the largest manufacturer of dental amalgam in the United States, alleging that he had suffered a myriad of neurological injuries as a result of his occupational exposure to mercury. Dr. Barnes argued that Kerr's warnings were inadequate because they discussed only mercury, not mixed dental amalgam. Kerr argued that its warnings never represented that mercury was any less toxic when mixed.

In 1976, Congress directed FDA to classify (determine the risk of) every medical device. Dental fillings are a medical device. FDA proceeded to classify all filling materials except the most common one – and the most controversial one – mercury amalgam fillings. Despite letters, petitions, Congressional hearings, and a lawsuit, FDA refused to budge. For 32 years, from 1976 to 2008, FDA defied the law, until Consumers for Dental Choice sued them.