Opponents

Repealing Fluoridation Through Deception


Anti-fluoridationists in Boulder got their proposal for repeal of water fluoridation on this year’s general-election ballot by petition. The petition labelled this as a proposal for “drinking water standards.” However, its principal — if not only — effect is on just one additive: fluoride. The apparent hope is to convince Boulder voters to do unwittingly what they would be unlikely to do if asked directly … eliminate a safe and effective public health program that is objected to only by a very few having a fringe political and social agenda.

The true effects of this short proposal can be seen by an analysis of its separate provisions.

WHEREAS, the public drinking water supply should be maintained for the safety and enjoyment of the entire population of Boulder at all ranges of consumption;
Who can argue with this? But does this proposal, taken in its entirety, actually do that? Read on.
WHEREAS, the United States Food and Drug Administration (US FDA) is the only government agency in the United States with the authority to approve or reject any claim of safety or effectiveness for any product that is intended to cure, mitigate, treat or prevent any disease in humans;

The Environmental Protection Agency (EPA), and not the Food & Drug Administration (FDA), has jurisdiction over and responsibility for the quality of drinking water. EPA has set a maximum level of fluoride in water at 4 parts per million (ppm). There is a naturally occuring level of fluoride in water coming into Boulder’s treatment plant — usually around 0.3 ppm. Boulder has long been fluoridating to raise the fluoride level to about 0.9 ppm, considered optimal for dental health.

The FDA, meanwhile, recommends daily intakes of nutrients, and fluoride is included amongst other minerals, such as iron and zinc, that are considered essential for good health at all ages. However, the FDA does not “approve” (regulate) nutrients or supplements. Congress has specifically denied such authority to the FDA.

WHEREAS, US Maximum Contaminant Level Goals (MCLGs), which have been set by the US Environmental Protection Agency (US EPA) and adopted by the State of Colorado as its public health goals for water, are the established scientific endpoints for acutely toxic substances at which it has been determined that no known or anticipated adverse health effects will occur, with a margin of safety that is protective for an entire lifetime of ingestion;

EPA’s job is not to determine what is safe in toto, but whether a particular level of contamination is unsafe for a particular source (like water). In any event, the established maximum levels (4 ppm) are sufficiently above the levels employed in water fluoridation (0.9 ppm) that there is no cause for concern about fluoride “ingestion”. Since fluoride does not accumulate in the human body (which is why we need continuous exposure to get health effects), there is no concern for an “entire lifetime of ingestion”.

As for contamination of other “toxic” substances, MCLGs are not “the scientific points of safety” set by the EPA as claimed here. The actual safety points are called Maximum Contaminant Levels (MCLs). The “goals” are just that — goals. For instance, with lead and arsenic, the goals are zero — desirable perhaps, but scientifically recognized as unobtainable in the real world. As a result, MCLs are used in safety regulations, not MCLGs.

WHEREAS, the City of Boulder, pursuant to Ordinance #3513 (1969), adds a fluoridation product to the public drinking water for the purpose of fulfilling health claims and which contains contaminants such as lead and arsenic at levels that exceed the scientific points of safety established as MCLGs for those contaminants by the US EPA and adopted by the State of Colorado;

The fluoridation additive used in Boulder — and in most cities in the US — is hydrofluorosilicic acid (HFS), which is an industrial-grade chemical containing barely detectable levels of the contaminants mentioned, especially after being added to water. When added to water, HFS completely breaks down into simple substances: hydrogen ions, fluoride ions, and silicon dioxide (sand) which is filtered out. Drinking water is tested thoroughly for contaminants, and no increase in contaminants like lead and arsenic has been noticed due to the addition of HFS. By the way, the Boulder Water Department has an excellent safety record for its water treatment.

Moreover, it should be remembered that both MCLs and MCLGs are applied to the water coming out of the tap (or leaving the treatment plant) and not to the individual additives to the water during treatment. Naturally occuring sources of contamination usually swamp any contribution by water-treatment additives. Thus, it is nonsense to worry about unavoidable contaminants going into the treatment process, when the process itself assures that the water coming out is safe and healthful by all regulatory standards.

WHEREAS, medication of the population by mandate is not good public policy as it cannot be readily modified in light of subsequent medical research;

There is no medication going on in Boulder’s water treatment plant. Specifically, fluoridation is not “medication.” Medication is something that treats an illness. No amount of fluoride is going to make a big cavity heal up.

Fluoride is actually a nutrient: something that helps the body maintain optimal good health. Fluoride strengthens teeth so they can fight off decay. Fluoride appears to also play a part in good bone formation in the inner ear and also helps us avoid hearing loss.

For those few unfortunates who cannot tolerate fluoridated water, there are filtering and other financially reasonable options. People with uncommon infirmities, with options available for dealing with their individual concerns, may not want to stand in the way of the general public reaping the significant benefits of fluoridated water.

Consider also that fluorine is the 17th most abundant element on Earth and occurs naturally in all water. Fluoridation is just the adjustment of the amount to give people optimal benefit at very little risk.

THEREFORE, be it ordained by the people that:

Section 1. A person or public or private water system may not add any substance to the public water supply which is intended for medication or to cure, mitigate, treat or prevent any disease (or maintain dental health) above the general purposes of making the water safe for drinking unless:

As mentioned above, there is no medication going on in Boulder’s water treatment plant, but there is fluoridation intended to prevent tooth decay (the most widespread disease in the country). As a supplement to naturally occuring fluoride, fluoridation certainly is intended to “maintain dental health.” Nothing else in the water-treatment process meets this definition but fluoridation. Thus, this provision is undeniably directed at fluoridation, and only at fluoridation.
(A) The manufacturer, producer or supplier provides proof that the substance is specifically approved by the United States Food and Drug Administration for safety and effectiveness with a margin of safety that is protective against all adverse health and cosmetic effects at all dosage ranges consistent with unrestricted human water consumption; and

As mentioned above, the FDA does not regulate free-flowing water or water-treatment additives. (That is the job of the EPA.) Nor, by order of Congress, can it regulate naturally occuring nutrients or nutrient supplements.

Even if the FDA could regulate any of those things, it has no scientific means of establishing a margin of safety at “all dosage ranges” for any substance. That is an impossible standard for any manufacturer of any water additive to meet.

Thus, introduction (or re-introduction) of any fluoridation additive into Boulder’s water, even including a “pharmaceutical-grade” product, is a legal and scientific impossibility. In short, the intentional effect of this provision is a complete and permanent ban on fluoridation.

(B) The substance contributes no contaminant at concentrations that will result in the public water supply exceeding Maximum Contaminant Level Goals established pursuant to the federal Safe Drinking Water Act (42 USC 300f et seq.).

A Maximum Contaminant Level Goals for lead and arsenic are zero. Given all reasonable manufacturing processes, a goal of having a 100% pure product is impossible to reach. Thus, any additive which is actuality completely safe, but still not 100% pure, would be banned.

If a product added to the water for the general purpose of making the water safe for drinking had to meet this requirement, all water-treatment would become impossible. But it only applies to additives made for health reasons. Thus, only the intended purpose makes a product “toxic”!

So as with the FDA requirements, the introduction (or re-introduction) of any fluoridation additive into Boulder’s water, even including a “pharmaceutical-grade” product, is a scientific impossibility. In short, the intentional effect of this provision is a complete and permanent ban on fluoridation.

Section 2. For purposes of determining the specific contaminant contribution under Section 1(B) of this subsection, each shipment of the substance must include its own certificate of independent analysis of the contaminants present in the shipped product provided by the manufacturer, producer or supplier. Analysis of the contaminant contribution of a substance shall be of the undiluted product, with the contaminant concentration calculated at the Maximum Use Level declared by the manufacturer for certification to American National Standards Institute/NSF Standard 60.
When added to water, additives can make an undetectable contribution of contaminants to the water. That could possibly mean that some substances, such as fluoridation products, where just a single drop is added to 16 gallons, might actually be able to meet the requirements of Section 1. This provision requires that the concentrated form be measured for contaminants (i.e., before dilution in water) to assure that the tiniest amount of contamination can be detected and the entire batch fails the “zero-tolerance” test.
Section 3. Violation of the provisions of Section 1 of this ordinance is a public nuisance and may be abated as other nuisances under the laws of Colorado.
This prevents even any private provider from adding fluoride to any water in Boulder. It also prevents the city from handing over its water treatment to other water districts outside the city and thereby escaping the clutches of this ordinance. And it prevents any other water district that serves anyone in the city from providing fluoridation, meaning that, as a practical matter, such a water district would have to discontinue fluoridation for its non-city customers as well.
Section 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, that invalidity may not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
This is to protect Section 6 below. It is very possible that the egregiously deceptive nature of Sections 1 and 2 of this ordinance might be struck down by a court for its failure to disclose its true purpose to voters. Should that happen, this provision keeps in force the outright repeal of fluoridation found in Section 6.
Section 5. All sections or parts of sections of the Revised Code of the City of Boulder, 1981, as amended, or ordinances or parts of ordinances which are in conflict, or inconsistent, herewith, are hereby repealed.
This is standard language assuring the supremacy of this ordinance. Fluoridation is repealed by this provision, as long as the other parts stand up to judicial review.
Section 6. Ordinance #3513 (1969), initiating fluoridation without the criteria set forth in Section 1, is hereby repealed.
This section holds the real purpose of the entire ordinance. People may be attracted to vote for the “clean drinking water” provisions of the ordinance, but a vote for those provisions is also a vote for outright repeal of fluoridation. By bundling repeal with “clean water,” the anti-fluoridationists think they have their best shot of sneaking their primary objective past the voters.


Don’t Be Deceived!!
Vote no on Issue #2B!



This message is from the Vote No on 2B Committee,
supported by the many very concerned health professionals serving the people of Boulder.