BUFFALO, N.Y. (WIVB) — A lawsuit against the City of Buffalo and the water board has been thrown out by a federal judge.
The lawsuit was filed in 2023 by a group of parents alleging that the city and former mayor Byron Brown alleging that the city spent several years misleading the public after the city stopped adding fluoride to its drinking water supply in 2015.
The group of parents alleged that the city violated the “Green Amendment,” passed across the state in 2021 guaranteeing all state residents to clean air, clean water and a healthy environment. However, U.S. District Judge John Sinatra Jr. specified that the amendment does not guarantee access to fluoridated tap water.
“That provision does not mention fluoride – and could just as easily be read to support the absence of fluoride in a municipal water supply. There is no basis for this constitutional claim,” Sinatra wrote in his decision.
Sinatra also ruled that the city sufficiently disclosed the absence of fluoride in its annual reports to residents.
“Plaintiffs also assert an assortment of state law claims based on theories of fraud, breach of contract, and negligence,” Sinatra wrote. “Each of these claims is fatally flawed. The suspension of fluoridation was disclosed to Buffalo residents. And Plaintiffs fail to identify any material misrepresentation that can support any cause of action.”
Sinatra also added in his decision that New York state law allows local governments to decide for themselves whether or not fluoride should be added to tap water. After nine years of not having fluoride in tap water, Buffalo added the chemical back into its water in September 2024.
Beginning in the 2015-16 water quality report from the city, a line has been added noting that “since June 22, 2015, fluoride has not been added to your drinking water” and the line is repeated in each report through the most recent report for 2024-25, but the reports also include lines like “our system provides drinking water with a controlled, low level of fluoride for consumer dental health protection,” “we monitor fluoride levels on a daily basis,” and “to ensure that the fluoride supplement in your water provides optimal dental protection…”
In July, the city and the water board asked for the lawsuit to be thrown out.
“We are disappointed by Judge Sinatra’s decision to dismiss the case and respectfully disagree,” said Robert Corp, the attorney representing the families. “We are evaluating our options.”
Original article online at: https://www.wivb.com/news/local-news/buffalo/fluoride-lawsuit-filed-against-city-thrown-out/