Citizens for Safe Drinking Water Sue

by | Aug 10, 2011 | Fluoride Litigation | 2 comments

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Citizens for Safe Drinking Water: Largest Water Wholesaler in Southern California Sued for Illegal Use of an Unapproved Drug to Fulfill Fluoridation Program

SAN DIEGO, Aug. 10, 2011 /PRNewswire/ — Alleging willful misrepresentation and deceptive business practices by Metropolitan Water District of Southern California, attorneys for citizen/consumers from San Diego, Los Angeles and Ventura Counties filed a lawsuit in the public interest of millions of consumers in Southern California, citing that MWD of SoCal has made claims of safely and effectively treating and preventing dental disease in recipient consumers, while selecting and delivering a hydrofluosilicic acid drug through their water system that has never been approved for safety and effectiveness, nor in the expected dosages delivered by MWD through retail water districts, either topically, systemically through ingestion, or trans-dermal exposures through baths and showers.

In legal action which may impact the decision-making of water districts across the country employing the same practices, the lawsuit filed on August 9 in U.S. District Court, Southern District of California, addresses the Constitutional right of Plaintiffs to be free of bodily intrusion from a drug that has not been approved for MWD’s intent to alter the physical structure and bodily functions to make a person’s teeth more resistant to the demineralization process of tooth decay without their consent.

While some consumers may elect to purchase bottled water for drinking, virtually all consumers are captive to exposures from baths and showers, as simple filtration and most non-commercial methods do not remove the product, resulting in exposures to consumers similar to that of medications delivered by seasickness or nicotine patches.

“This case does not challenge the public policy of fluoridation,” states Kyle Nordrehaug, attorney for the Plaintiffs. “It does challenge MWD’s bait and switch tactics of orchestrating statements by them and their down-line distributors of water to individual consumers when MWD knew that the actual drug product that they deliver had never had a toxicological study performed on the health and behavioral effects of its continued use until 2010, much less approval for MWD’s perpetuation of absolute health claims.”

Despite early misrepresentations in the media, MWD of SoCal is not compelled to fluoridate its water by the State of California, and the costs of adding the unapproved drug are being borne by consumers in the form of rate hikes without water districts providing ratepayers clear notice of what the extra costs are for, or obtaining their consent.

The lawsuit’s filing clarifies that Congress has established that the U.S. Food and Drug Administration is the only government entity with the authority to approve claims of safety and effectiveness for products intended to treat and prevent disease, and that not only has the U.S. Environmental Protection Agency never had that authority, but in 1988 abandoned authority for safety standards for all direct water additives, including fluoridation chemicals.

While the Plaintiffs do not seek an award for any physical harm, they do point to evidence concerning safety/harm and effectiveness that by law and for consumers’ protection requires that the product be thoroughly evaluated, and approval given, for any claims and MWD’s intended health impact, before exposing consumers without their consent.

Plaintiffs point to MWD’s misrepresentations and omission of any notice of contraindications, government recognition of susceptible populations, and scientific evidence of disproportionate harm to children, Latinos, and African Americans, from the particular harmful side effects from the hydrofluosilicic acid drug selected by MWD, above other forms of fluoride.

“This lawsuit pushes past the rhetoric and reliance on unaccountable endorsements or opinions that usually accompany this subject, and focuses on whether MWD of SoCal adds hydrofluosilicic acid to public drinking water in order to treat or prevent dental disease, and whether FDA regulates products intended to treat disease, or not,” said Jeff Green, National Director of Citizens for Safe Drinking Water and spokesperson for the Plaintiffs.

“In essence,” continued Green, “the Plaintiffs are saying, ‘Don’t tell us, or the media, or the court how safe it is. Go tell it to the FDA through the evaluation process and get approval for the claims for the specific product you deliver, and don’t administer it to us topically, systemically through our ingestion, or through our skin from our baths and showers, without our consent until you do.'”

Contact: Jeff Green
Plaintiff Spokesperson
Citizens for Safe Drinking Water
(800) 728-3833

Kyle Nordrehaug, Attorney
Blumenthal, Nordrehaug & Bhowmik
(858) 551-1223

SOURCE Citizens for Safe Drinking Water

Hats are off to Jeff Green, attorney Kyle R. Nordrehaug, and Citizens for Safe Drinking Water, of San Diego, for filing suit in the US District Court for the Southern District of California.


  1. jasmine stanley

    Hello……The state of Arkansas has mandated flouride in the drinking water in Eureka Springs. The citizens have voted three times against flouidation of our water yet it seems we have no choice. Any ideas you could give me to STOP the flouride would be greatly appreciated. Thank you…

  2. Norman Jacobson

    555 U. S. Wyeth v. DIANA LEVINE, No. 06–1249 (2009) Opinion of the Court.
    ( Downloaded Feb. 16, 2011.)
    In this opinion drug manufacturers are required to comply with both state and federal law. Drug manufacturers may be sued under federal law, state law, common law, or strict liability law. Drug manufacturers have the primary responsibility to properly label and have warnings on their drugs even when not required to do so by the FDA. The 2006 FDA Preamble that purportedly gives the FDA power to order manufacturers to conceal side effects is not based in law and is of no effect.
    This Supreme Court Order opens up the possibility of law suits against fluoridated Water manufacturers, including the City of Austin, TX!
    Currently the City of Austin, TX is prescribing the purported prescription drug commonly known as Fluoridated Water that is prescribed to contain 0.7 parts per million of the deadly poison Hydrofluorosilicic Acid, in the municipal water supply of Austin, TX for purpose of medicating the residents of Austin with a medicine that purportedly prevents cavities. The city, the suppliers, and the lobbyists are concealing the deadly side effects of the dictated medicine. They also are concealing that research shows that the medication does not prevent cavities and does not significantly reduce cavities and that research indicates the long term effects of fluoridated water are increased cavities and many other diseases, including heart attacks.
    Breaking: Fluoride Linked to #1 Cause of Death in New Research
    By Anthony Gucciardi
    January 17th, 2012
    Updated 11/16/2012 at 11:55 am
    This article reveals that Fluoridated water is linked to heart attacks, the # 1 cause of death in the US (17 million deaths per year.)
    The City of Austin purportedly has immunity, under Federal Law, from wrongful death from Fluoridated Water. However, under state law, according to this US Supreme Court decision the City of Austin is liable for wrongful deaths from fluoridated water.
    Contact your attorney for legal advice, if you have suffered a heart attack while residing in Austin, TX. Make Colgate and the other $ Billionaires pay for the deaths they are causing.
    This public service message is brought to you by:
    Norman Jacobson,
    Candidate for Austin, TX, City Council.
    Author of “Preventing Alzheimer’s Disease” © 2011 on
    Author of “Secrets to Health, Wealth, and Wisdom” © 2011 on


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