Are there legal ramifications for mandating the use of an "untested" product for public consumption? No.
The legality of fluoridation has been tested in the courts more often than any other public health measure. Courts in over one-half of the States have heard fluoridation cases, and the constitutionality of fluoridation has been upheld by State Supreme Courts in over a dozen states. 'Ib date, there has never been a legal challenge to water fluoridation that has been upheld on appeal. The few negative decisions in the lower courts have always been reversed in higher courts (U.S. Department of Health and Human Services, 1986). In actuality, fluoridation is not an .untested" product. It has been occurring naturally for over one hundred years in some areas of the country. Nature, then, has been the primary test for fluoridation.
U.S. Department of Health and Human Services. 1986. Water Fluoridation: A Manual for Engineers and Technicians. Public Health Service, Centers for Disease Control, Atlanta, GA: Sept.
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