Citizens for Safe Drinking Water

1010 University Avenue #52 San Diego, CA 92103 (800) 728-3833 Keepers-of-the-Well.org

Clarifying the key issues of Foli v. MWD of SoCal

Who is being sued? Metropolitan Water District of Southern California, the largest wholesaler of water in Southern California, servicing some 18 million consumers through retail water districts. What are they being sued for? Deceptive business practices and infringements on consumers Constitution rights by MWD claiming to treat and prevent tooth decay while delivering a substance through five of their facilities that has never been approved for such claims for either topical applications through oral exposure, systemic effects through ingestion, or trans-dermal exposures through the skin while bathing and showering. What Constitutional rights? Plaintiffs rights to be free from bodily intrusion by MWDs delivery of an unapproved drug without their consent. What do the Plaintiffs expect the Court to decide (laymens terms)? 1) Is MWD adding hydrofluosilicic acid to consumers water supply for the purpose of treating or preventing dental disease? 2) Does Congress and federal law require that FDA regulate and perform processes for determining approval of substances intended to and claimed to treat or prevent disease? 3) Has the hydrofluosilicic acid product used to treat or prevent dental disease been approved by the FDA for such intent or claims? 4) Has MWD deceptively acted in concert with their retailers to conceal from the public that the product they have chosen and administer has not been approved for its intended use, or that at the time of their initiating the injection into the consumers water supply there were no toxicological studies on the health and behavioral effects of continued use? 5) Did MWDs deceptive business practices conceal evidence of significant differences in hydrofluosilicic acids health effects and interactions with other elements than other forms of fluoride, which would be revealed as contraindications, especially for susceptible populations, through the FDA review process?

What action do the Plaintiffs expect the court to take (in brief)? Find: MWDs business practices of misrepresentations and omissions of material fact to be deceptive; Find: MWDs imposing an unapproved drug on captive consumers and the general public without their consent unconstitutional; and Issue: A declaration of relief halting the deceptive and unconstitutional practices of selecting and using an unapproved hydrofluosilicic acid drug to treat and prevent disease without the recipients informed consent. How does this case differ from other attempts to halt fluoridation? This case does not seek to halt fluoridarion, nor challenge the public policy of water fluoridation. The issues addressed are just as important for those persons who support water fluoridation as those who dont. This case addresses the bait and switch activities of MWD to conceal pertinent information and use a drug not approved for any of the manners of administration that consumers are exposed to. Plaintiffs do not make any claim for award for physical harm. The harm is denial of their Constitutional rights. What impact will this case have on other water suppliers? To the extent that other water suppliers have similarly selected an unapproved drug for their purposes and concealed information that is pertinent to an informed consumer protecting themselves or giving informed consent, the water supplier may be encouraged to elect to revisit their decision to act in such a manner. What about claims by the CDC, EPA and health departments that fluoridation is a water issue regulated by the EPA? EPA gave up all authority over direct water additives, including fluorides, in 1988. EPA does not have any authority over a substance intended to alter the physical structure or bodily functions to treat or prevent disease. Only the FDA has the authority from Congress to approve a health claim of safety and effectiveness. Neither rhetoric, nor endorsements, are adequate substitutes for FDA approval. What about all the claims of safety and effectiveness? Dont tell us, or the media, or even the courts. Tell the FDA through the approval process and dont deliver hydrofluosilicic acid to us without our consent until you do.