California fluoride lawsuit dismissed
April 23, 2012
San Diego—A U.S. District Court judge has granted a motion to dismiss in the case of Foli v. Metropolitan Water District, a lawsuit seeking to stop the water district from adding fluoride to the water.
The suit, filed in August 2011, called on the Metropolitan Water District of Southern California to stop adding hydrofluosilicic acid to the public’s drinking water because it constituted unlawful and unconstitutional medication of the plaintiffs since the compound has not been approved by the U.S. Food and Drug Administration for treatment of disease or dental cavities.
The suit also alleged that the MWD had engaged in unfair and unlawful business practices.
District Court Judge Janis Sammartino dismissed the lawsuit without prejudice, giving the plaintiffs 14 days to file an amended complaint.
“We are pleased to see once again that the court has reaffirmed the ability of water suppliers and agencies to protect the oral health of residents in their communities,” said Dr. Dan Davidson, California Dental Association president. “This is a significant step toward ensuring that customers of the Metropolitan Water District of Southern California will continue to receive the benefits of community water fluoridation.”
The MWD serves nearly 19 million water district customers in Southern California.