Fluoride Action Network

Brief filed by attorneys in suit against California’s Metropolitan Water District’s use of hyrdofluosilicic acid

Source: Press Release: Blumenthal, Nordrehaug & Bhowmik | October 14th, 2013

On October 10, 2013, the California lawyers at Blumenthal Nordrehaug & Bhowmik filed a reply brief in the ongoing water fluoridation lawsuit asking the Court for a trial to present the modern science supporting their claims. The original Complaint was filed in August of 2011 and claimed that the Metropolitan Water District of Southern California is distributing a drug through the public water systems even though the drug has not been approved by the FDA to fluoridate our drinking water. Foli v. Metropolitan Water District is pending on appeal in the United States Court of Appeals For The Ninth Circuit, Docket No. 13-55302.

According to the reply brief filed by the California attorneys at Blumenthal, Nordrehaug & Bhowmik, “[we] challenge the Metropolitan Water District’s selection and use of Hydrofluosilicic Acid (“HFSA”), the hazardous waste by-product of making fertilizer, as a drug delivered through our water supply for preventive medicinal health purpose, without any FDA approval or supporting toxicological data for this substance.”

Blumenthal’s reply brief went on to state, “One can only imagine how toxic this chemical compound must be if the fertilizer industry would reject this witches brew as an additive to our soil.” The lawyers at Blumenthal, Nordrehaug & Bhowmik asked the Court to reverse the decision of the lower court and allow a trial on the issues presented in the brief.

The lawsuit seeks to stop the Water District’s alleged practice of injecting HFSA into the water supply on the basis that HFSA was never approved by the United States Food and Drug Administration for the treatment of disease or dental cavities. See Foli v. The Metropolitan Water District, Case No. 11:CV:1765,

When asked about the lawsuit, the managing partner of the law firm for the Appellants, Norman Blumenthal, stated, “there is simply no reason here as to why this Court should not allow a trial as to whether in accordance with the 14th Amendment of the United States Constitution there is a rational basis for the Water District’s distribution of a drug to consumers without FDA approval for preventive health purposes.”

Blumenthal, Nordrehaug & Bhowmik is a California contingency fee law firm that represents employees and consumers in individual and class action lawsuits against companies that violate state and/or federal laws.