Pennsylvania does not currently force water systems to add fluoride, although there are persistent legislative attempts to mandate fluoridation for the whole state. Although Pennsylvania law describes fluoride as a poison, the government agencies with jurisdiction over public water systems have banned the removal of fluoride from water systems that already have it. The courts have supported these actions, even when recognizing that the agency position is arbitrary. The Lebanon decisions below created the de facto situation of Pennsylvania being the only state where fluoridation is not mandatory, but where it's illegal to STOP fluoridation.

1. No Sodium Fluoride or Related Compounds Allowed in Food:
   31 P.S. § 10 (1998), TITLE 31. FOOD, CHAPTER 1. ADULTERATION OR MISBRANDING OF FOOD IN GENERAL, [P.S.] § 10. Sale of food containing formaline, etc., prohibited, PENNSYLVANIA STATUTES

2. Fluorides Listed as Schedule 'A' Poisons in Pennsylvania (along with arsenic, cyanide, mercury compounds and the like):
   63 P.S. § 390-9 (1998), TITLE 63. PROFESSIONS AND OCCUPATIONS (STATE LICENSED), CHAPTER 11. PHARMACISTS, PHARMACY ACT, [P.S.] § 390-9. Poisons, PENNSYLVANIA STATUTES

3. 1909 Food Adulteration Law Cites Fluorides as Deleterious to Health (referenced in the following case law):
   Commonwealth v. Pflaum, No. 148, Supreme Court of Pennsylvania, 236 Pa. 294; 84 A. 842; 1912 Pa. LEXIS 749, April 8, 1912, Argued, April 29, 1912

1. Lebanon Loses Right to Remove Fluoride From Water: [Note: Lebanon is currently fluoridated]
   COMMONWEALTH v. CITY OF LEBANON, Supreme Court of Pennsylvania, 482 Pa. 66; 393 A.2d 381; 1978 Pa. LEXIS 968; 9 ELR 20053, November 18, 1977, Argued, October 5, 1978, Decided

2. Lebanon Fights for Right to Remove Fluoride from Water:
   Ditzler v. City of Lebanon, No. 17 T.D. 1976, Commonwealth Court of Pennsylvania, 29 Pa. Commw. 69; 370 A.2d 441; 1977 Pa. Commw. LEXIS 719, February 2, 1977, Submitted on Briefs, March 3, 1977, Decided

3. Storage of Chlorine and Fluorides Cited as Hazard of Water Treatment Operations:
   LEVIN v. BOARD OF SUPERVISORS OF BENNER TWP., No. 394 C.D. 1995, No. 395 C.D. 1995, No. 518 C.D. 1995, No. 519 C.D. 1995, COMMONWEALTH COURT OF PENNSYLVANIA, 669 A.2d 1063; 1995 Pa. Commw. LEXIS 594, September 15, 1995, Argued, December 28, 1995, Decided, December 28, 1995, FILED, Petition for Allowance of Appeal Granted August 6, 1996, Reported at: 1996 Pa. LEXIS 1608.

4. Dentist Loses Mandatory Fluoridation Attempt in Philadelphia Suburban Case:
   Rovin v. Pennsylvania PUC, No. 62 C.D. 1985, Commonwealth Court of Pennsylvania, 94 Pa. Commw. 71; 502 A.2d 785; 1986 Pa. Commw. LEXIS 1840, November 14, 1985, Argued, January 7, 1986, Decided

5. West View (Allegheny County) Fluoridation Fought Too Late: [Note: West View is currently fluoridated]
   Aitkenhead v. Borough of West View, No. 1169 C.D. 1979, Commonwealth Court of Pennsylvania, 65 Pa. Commw. 213; 442 A.2d 364; 1982 Pa. Commw. LEXIS 1101, October 6, 1981, Argued, March 9, 1982, Decided

6. Armco Steel Sludge Dumped in Mines Causes Fluoride Pollution:
   Lucas v. Commonwealth, Nos. 1251 and 1293 C.D. 1979, Commonwealth Court of Pennsylvania, 53 Pa. Commw. 598; 420 A.2d 1; 1980 Pa. Commw. LEXIS 1716; 14 ERC (BNA) 2185, June 3, 1980, Argued, September 3, 1980, Decided

7. Court Rejects Challenge to State Permit for Fluoridation of Allentown, PA Water Supply [Note: This case didn't result in the fluoridation of Allentown's water system, which Allentown residents kept unfluoridated for 40 years until November 2000. See the Allentown Fluoridation Page for details.]
   Commonwealth v. Bierman, No. 1025 C.D. 1975, Commonwealth Court of Pennsylvania, 23 Pa. Commw. 646; 354 A.2d 48; 1976 Pa. Commw. LEXIS 943, January 7, 1976, Argued, March 11, 1976, Decided

8. Fluoridationists Lose Legal Fight to make Water Fluoridation Mandatory Statewide:
   Crawford v. Commonwealth, Nos. 1637 and 1650 C.D. 1973, Commonwealth Court of Pennsylvania, 19 Pa. Commw. 10; 338 A.2d 727; 1975 Pa. Commw. LEXIS 961, December 3, 1974, Argued, May 6, 1975, Decided

9. Court allows Sunbury, PA officials to ignore Anti-Fluoridation Initiative: [Note: Sunbury is currently fluoridated]
   Williams v. Rowe, No. 270 C.D. 1971, Commonwealth Court of Pennsylvania, 3 Pa. Commw. 537; 283 A.2d 881; 1971 Pa. Commw. LEXIS 388, September 8, 1971 Argued, November 17, 1971, Decided

10. Philadelphia and New Castle fluoridation challanges defeated:
    "Two important court fights advancing the state's authority to promote and grant fluoridation projects were won in 1955. Philadelphia entered the fold last year following the denial of an injunction restraining the department in the program. A similar decision was handed down in Lawrence County Court upholding fluoridation in New Castle."

• Fond du Lac City, WI (Wisconsin Court of Appeals, 1994)
• Charleston, SC (South Carolina Court of Appeals, 1985)
• Madison, IL (Illinois Supreme Court, 1984)
• Beverly Hills, CA (California Court of Appeals, 1973)
• Beverly Hills, CA (California Court of Appeals, 1972)
• Pesotum, IL (Illinois Appellate Court, 1972)
• Somerville, NJ (New Jersey Supreme Court, 1972)
• Gonzales, LA (Louisiana Court of Appeals, 1966)
• Columbia, SC (South Carolina Supreme Court, 1966)
• New York City, NY (New York Supreme Court, 1965; New York Court of Appeals, 1966)
• Detroit, MI (Michigan Supreme Court, 1965)
• Lincoln, CA (California Court of Appeals, 1965)
• Chicago, IL (Illinois Supreme Court, 1964)
• Asheville, NC (North Carolina Supreme Court, 1964)
• St. Louis, MO (Missouri Supreme Court, 1961)
• Council Bluffs, IA (Iowa Supreme Court, 1961)
• LaPorte, IN (Indiana Supreme Court, 1956)
• Cleveland, OH (Ohio Supreme Court, 1956)
• Bend, OR (Oregon Supreme Court, 1956)
• Milwaukee, WI (Wisconsin Supreme Court, 1955)
• Chehalis, WA (Washington Supreme Court, 1954)
• Tulsa, OK (Oklahoma Supreme Court, 1954)
• San Diego, CA (California Court of Appeals, 1953)

Courts Force Fluoride on Residents and Local Governments

• Resident Forced to Use Fluoridated Public Water System - Privacy Rights Argued (Minnesota Court of Appeals, 1993)
• West View, PA Fluoridation Fought Too Late (Commonwealth Court of Pennsylvania, 1982)
• Lebanon, PA Loses Right to Remove Fluoride From Water (Pennsylvania Supreme Court, 1978)
• Lebanon Fights for Right to Remove Fluoride from Water (Pennsylvania Commonwealth Court, 1977)
• Cincinnati, OH Made to Comply with State Fluoridation Mandate (Ohio Supreme Court, 1975, 1977)
• Brainerd, MN Forced to Fluoridate by State (Minnesota Supreme Court, 1976)
• Court Rejects Challenge to State Permit for Fluoridation of Allentown, PA Water Supply (Pennsylvania Commonwealth Court, 1976) [Note: This case didn't result in the fluoridation of Allentown's water system, which Allentown residents kept unfluoridated for 40 years until November 2000. See the Allentown Fluoridation Page for details.]
• Temporary Hold on Somerset, KY Fluoridation Lifted by State (Kentucky Court of Appeals, 1969)
• Mountlake Terrace, WA Fluoridates and residents of a neighboring water district sue and lose, even though it affects their water system (Washington Supreme Court, 1966)
• Ruling by City Commission of the City of Fort Pierce, FL Against Fluoridation Reversed (Florida District Court of Appeals, 1962)
• Decision Prohibiting the City of Shreveport from Fluoridating Overturned (Louisiana Supreme Court, 1954)

Rulings Against Initiative/Referendum Attempts

• Court Upholds State's Deletion of Text in Oregon Fluoridation Referendum (Oregon Supreme Court, 1976)
• Court allows Sunbury, PA officials to ignore Anti-Fluoridation Initiative (Pennsylvania Commonwealth Court, 1971)
• Court allows Wisconsin Dells, WI to ignore voters who rejected fluoridation through referendum (Wisconsin Supreme Court, 1966)
• Court Allows Lincoln, CA to ignore Anti-Fluoridation Initiative Process (California Court of Appeals, 1965)

Successful Rulings Against Fluoridation (none ruled on the merits of fluoridation)

• Dentist Loses Mandatory Fluoridation Attempt in Philadelphia Suburban Case (Pennsylvania Commonwealth Court, 1986)
• Fluoridationists Lose Legal Fight to make Water Fluoridation Mandatory in Pennsylvania (Pennsylvania Commonwealth Court, 1975)
• Canton, OH Refuses to Comply with State Fluoridation Requirement & Court Refuses to Enforce It (Ohio Supreme Court, 1970)
• Evansville, IN Stopped from Fluoridating Due to Lack of City Ordinance Authorizing the Appropriation (Indiana Supreme Court, 1963, 1966)
• Kansas City, MO Fluoridation Ordinance Found to be Subject to Referendum (Kansas City, Missouri Court Of Appeals & Supreme Court, 1963)

Other Water Fluoridation Cases

• Fluoridation Costs Increase Water Bills in New York City (New York Supreme Court, 1997)
• Tully, NY Case Shows that State Permits Needed to Fluoridate in New York State (New York Supreme Court, 1986)
• Anti-Fluoridation Doctor Sues the American Medical Association for Defamation (Washington Court of Appeals, 1974)
• Anti-Fluoridation Dentist Sues the American Dental Association for Defamation (New Jersey Superior Court, 1958)
• Milwaukee Anti-Fluoridationist Claims Challenged in Bet (Wisconsin Supreme Court, 1969)

Non-Water Fluoridation Cases that involve Fluoridated Chemicals (showing that fluorides are toxic poisons/pollutants)

• Reynolds Aluminum Plant in NY Pollutes Native American Lands with Fluoride (New York Supreme Court, 1997)
• Sodium Fluoride used as an Anticoagulant and Preservative (Louisiana Court of Appeals, 1995)
• Benner Twp, PA Case Cites Storage of Chlorine and Fluorides as a Hazard of Water Treatment Operations (Pennsylvania Commonwealth Court, 1995)
• Fluoride Chemical Exposure at Portsmouth Gaseous Diffusion Plant in Piketon, Ohio (Ohio Court of Appeals, 1994)
• Fumigation company ruled to be strictly liable for damages caused by sulfuryl fluoride poisoning. (Florida Court of Appeals, 1992)
• Fluoride Pollution from Aluminum Plant - Chemical Trespass Case (Washington Supreme Court, 1985)
• Armco Steel Sludge Dumped in Pennsylvania Mines Causes Fluoride Pollution (Pennsylvania Commonwealth Court, 1980)
• Fluoride Pollution from Aluminum Plant (Washington Supreme Court, 1969)
• Fatal Workplace Potassium Fluoride Poisoning Case (Kentucky Court of Appeals, 1953)
• Fatal Fluoride Poisoning Case (Louisiana Supreme Court, 1950)
• Fluoride Acid Pollution Damages Windows (Illinois Appellate Court, 1945)

Last modified: 24 February 2005

http://www.actionpa.org/fluoride/lawandcourts/