Public Health Law Map - Beta 5 - Medical and Public Health Law Site

not nearly as effective because they are not guaranteed to be regularly employed by all
members of society. (CDC). Fluoridation of water ensures that all individuals in a
particular community, regardless of their socioeconomic status, receive protection
from the deleterious condition known as dental caries.
The process of water fluoridation involves supplementing the natural level of fluoride
in water to a concentration sufficient to protect against tooth decay– a level which
ranges from 0.7 parts per million to 1.2 parts per million.[American Dental
Association, ADA Positions & Statements, American Dental Association Statement on
Water Fluoridation Efficacy and Safety], (last updated June 5, 2002).
There is no evidence that closely monitored fluoridation systems cause any significant
adverse effects. The United States Surgeon General has declared community water
fluoridation to be one of the ten greatest health measures of the 20 th century. Scientific
evidence has shown that the occurrence of dental caries will increase sharply within a
year if a fluoridation program is discontinued (CDC). In addition, public opinion polls
show that most persons in the United States support community water fluoridation
(CDC).
However, despite their proven effectiveness and public support, the growth rate of new
community fluoridation programs has been much lower in recent years due in part to
opposition from select groups making unsubstantiated allegations that fluoridation is
dangerous. These groups oppose the expansion of the nation’s existing fluoridation
infrastructure, and seek to create further opposition in support of their cause by
creating national hysteria based on unfounded allegations. “Since 1950, opponents of
water fluoridation have claimed it increased the risk for cancer, Down syndrome, heart
disease, osteoporosis and bone fracture, acquired immunodeficiency syndrome, low
intelligence, Alzheimer disease, allergic reactions, and other health conditions.”
(CDC). Repeated scientific monitoring of community fluoridation programs has found
there is no correlation between fluoridation and any of these conditions.
1. The Fluoridation Controversy
Statutes and ordinances implementing plans to add fluorides to the public water
supply have been suffered numerous attacks in courts around the nation. These
attacks include, but are not limited to, allegations that fluoridation measures are
impermissible exercises of a state’s police power or are violations of the
constitutional guarantees of freedom of choice and freedom of religion. Due to wide
societal acceptance of fluoridation’s scientifically proven benefits and the wide
authority granted to the states by the United States Constitution to promote the public
welfare of their citizens, the overwhelming majority of these attacks have failed. (See
43 A.L.R.2d 453 for an overview of all relevant case law). Yet, despite the clear
legal authority supporting the fluoridation of water, there is a great deal of
controversy surrounding the issue.
Government entities seeking to implement these plans for the purpose of preventing
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