Controversial Public Water Fluoridation:
Legislation and Litigation
Public water fluoridation is contentious because it basically constitutes a non-consensual medical intervention, something that in most cases is not allowed. While most federal and state regulators say it is safe, there is much evidence that it is significantly harmful to people’s health, including recent evidence that it lowers the IQ of children. Regarding litigation, on January 31, 2024, the very heated fluoride trial, last covered by NHFC in March 2023, will now resume in the Federal District Court in San Francisco. And regarding legislation, while Massachusetts has an active bill working to ban public water fluoridation, the city of Albany, NY is seeking to add fluoride to drinking water.
Massachusetts Bill would Ban Fluoridation
Up at the Massachusetts Legislature, House Bill 827 is still pending from 2023. This proposed law would replace the state’s current fluoridation laws with the following language:
“Based on the robust body of science documenting ill effects from even low-dose fluoride exposure for a significant portion of the population including pregnant women, bottle-fed babies, young children, the elderly and many in fragile health; conflicting federal regulations regarding the use of fluoridation chemicals; the questionable ethics of medicating a portion of the population against their will including those with medical reason to avoid fluoride; and concerns about the biomagnification of fluoridation chemicals and tramp contaminants in our environment, the Commonwealth of Massachusetts bans the addition of any fluoride water products to any and all public water supplies. Existing artificial fluoridation schemes targeting municipal water supplies must be discontinued within ten (10) days of the ratification of this law.
As those who do not believe the natural fluoride concentration in drinking water supplies or topical use of fluoridated dental products are sufficient for their needs are free to purchase fluoridated water for personal use, this law protects the individual civil rights of all residents.”
HB 827 had a hearing scheduled before the Joint Committee on Environment and Natural Resources on September 27, 2023, and the legislative website does not show any action taken since this hearing was scheduled.
Albany, New York Seeks to Add Fluoride to Drinking Water
One current effort to add fluoride to drinking water comes from the Common (city) Council in Albany, New York. Local Law K (on page 5 of agenda) proposes as follows:
371-93 Fluoridation of Municipal Water Supply.
The Commissioner of the Albany Water Department shall establish rules and regulations necessary to determine the optimal concentration of Fluoride in the water supply in accordance with guidelines from the U.S. Centers for Disease Control, as well as to monitor and maintain that level of Fluoride concentration within the water supply. The Albany Water Department shall then fluoridate the water pursuant to those rules and regulations.”
According to the ABC affiliate News 10 from November 28, 2023, 13 of the 15 Council members have co-sponsored this proposal.
In a sign of just how hotly-debated the fluoridation issue is, when NHFC reached out to the Common Council for more information, a Senior Legislative Aide who would only identify himself as “Brian” said that the law is on hold pending an environmental review. It is not known how long this review of Local Law K will take. The call for an environmental review is on page 11 of this December 18, 2023 Council legislative agenda.
4-Year-Old Fluoride Trial Resumes on January 31
On January 31, 2024, the fluoride trial NHFC last covered in March 2023 resumes in the Federal District Court in San Francisco. The plaintiffs are two non-profit groups plus various individuals, and they are suing to Environmental Protection Agency (EPA), alleging that it is failing to protect the American public from harmful exposure to fluoride through the practice of water fluoridation. Six of the world’s top fluoride scientists are prepared to testify on behalf of the plaintiffs that water fluoridation is harming children’s brains and should be halted. The defendant, the EPA, will put forth several experts who will argue that water fluoridation is safe and even a clear benefit to children’s dental health.
The trial started back in June of 2020, making this one of the strangest and most prolonged in history. Both sides expected that Judge Edward Chen might rule based on what he heard from experts back then, but the EPA asked for a delay for the court to consider a National Toxicology Program (NTP) “state of the science” report. The trial was put in abeyance until May of 2022, when the release of the much-reviewed NTP report appeared to be imminent; but it wasn’t released then either. Some of the notable delays happened as follows:
- On May 18, 2020, the NTP report was finalized and scheduled to be released. But this release was mysteriously stopped, without explanation.
- In 2022, Michael Connett and other attorneys for the plaintiffs used Freedom of Information Act requests to dig out the truth behind the ongoing strange delay. E-mails revealed that Dr. R. L. Levine, the head of the Public Health Service, of which NTP is a part, had secretly ordered that the NTP report not be released. We should ask “Why?”
73% of America’s population is being provided with fluoridated water, making it hard to avoid. Low-income communities and those who are less educated are especially likely to be using the fluoridated water that comes out of the tap. They are particularly vulnerable to the suspected harm that is inflicted on the public by water fluoridation. We will keep you updated on how this trial proceeds and what verdict finally results. This important fluoride trial is being broadcast on Zoom here.
The saga of water fluoridation will no doubt go on longer than the trial in San Francisco. As noted, non-consented medical interventions are generally not lawful. To make matters worse, much evidence points to this product being harmful to the public. To ensure the rights and health of Americans, folks need to stay informed and involved on this major health freedom issue. One group which is focused on this topic is the Fluoride Action Network.