Water fluoridation violates the Safe Drinking Water Act and Toxic Substances Control Act . Individuals, water departments, municipalities and states can also be held lilable for damages or injury occurring from fluoridation. The present method of instituting water fluoridation is to avoid public referendum and to solicit elected officials, either state or local, to introduce and vote on the fluoridation measure. Consequently, the elected official assumes the liability for any damages or injuries incurred from mandated fluoridation. It is the elected officials duty to act in a reasonable and prudent manner regarding the safety and welfare of their constituents.
Tort law supercedes the Police Powers Act.
In cases where elected officials are made aware of the possible risks of fluoridation, the action becomes an intentional tort where it is forseeable that injury could occur. This scenario also applies to water departments who should be aware of the dangers and the fact water fluoridation violates the Safe Drinking Water Act. It is conceivable that a party could sue a water department for damages and a refund of money for delivering nonconforming goods. 1983, R. Hanmer to Dr. L. Russel. 1993, T. Davies to Mrs. C. Cate. 1995, T. Davies to G. Glasser.