For over 33 years the FDA dodged properly classifying dental mercury amalgam as it was grandfathered in without proof of safety. In 2007 the FDA lost a lawsuit which forced them to classify dental amalgam. The final rule of the FDA classification was a huge disappointment as it declared mercury amalgam to be safe for anyone and everyone, without regard to age, reproductive status, or any of the known factors that make a person unusually susceptible to the effects of mercury exposure. The IAOMT submitted a petition for reconsideration which outlined the flaws in the original rule. The FDA reconvened a panel to look at the safety of dental mercury fillings.
Several of the injured who attended the hearings formed a protest outside the building the FDA was meeting in. The bitter cold of winter in the north east prevented the majority of consumers and dental staff from participating