Documents > Law
Time to end the lie - fluoridation IS illegal,
and here’s the proof.
20th May 2012
Fluoridation’s sole claim to legitimacy is founded on the spurious claim that fluoridated water is not a medicine. If it is, then it has to be regulated as one, and that will never happen. I’ve argued that English fluoridation law is incompatible with both English and European law on foods, water supply, and medicines for years, but the stubborn pro-fluoridation lobby has repeatedly tried to dismiss my challenges.
Now a heavyweight has joined the battle. He’s an academic with a formidable reputation, and works within the dental public health sector itself - and he says that fluoridated water is indeed a medicine! Now the Dept. of Health has a real problem, so read all about it, and rejoice - fluoridation in the UK has just received a long overdue ‘Notice to Quit’ - now it will be fascinating to watch how the rest of the anti-fluoridation groups around the world use this crucial opinion to fight fluoridation on their own patches.
In a detailed analysis of the European and English law on medicines, foods and water fluoridation, Medical Ethics expert Dr David Shaw, Lecturer in Ethics in Dentistry at Glasgow University, concludes that the practice of water fluoridation in the UK relies entirely on ‘the legal fiction’ that it is not a medicine. This new analysis provides expert confirmation that fluoridated water must now be subject to regulation under the strict provisions of the Medicines Act.
Dr Shaw concludes that fluoridated water is indeed a medicine, and that the English law on water fluoridation “appears to contradict legislation and regulations governing food and healthcare in the UK and the EU.” For the past twelve years I have been arguing this, and Dr Shaw refers extensively to my own publications, which is why the Editor asked me to peer-review the article several weeks ago.
Classifying fluoridated water as a medicinal product requires the Dept. of Health to now immediately submit a full Application for the product to be registered as a medicine. The award of a medicinal product authorization (medicinal licence) by the MHRA would certainly have to be rejected, since fluoridation’s extensive and common adverse side-effects and totally inadequate safety margin are well-known and a matter of considerable concern.
Water companies that continue to operate existing fluoridation plants in the UK, as well as those such as Southern Water faced with an order to fluoridate, now need to take immediate legal advice - manufacturing and supplying a medicinal product for which no license is in force is a serious violation of the medicinal legislation.
And for those stubborn bureaucrats at the South Central Strategic Health Authority who are still trying to fluoridate Southampton before their impending abolition, they must now be called before the Southampton City Council (and other interested nearby Councils) to explain to the Councils and public just what authority they imagine they have to continue to attempt to impose their unethical and illegal mass medication on the people of that City.
Dr. David Shaw. Weeping and wailing and gnashing of teeth: The legal fiction of water fluoridation. Medical Law International 2012 12: 11 Published online 14 March 2012 The online abstract for this article can be found at: http://mli.sagepub.com/content/12/1/11. (If you need a copy for research purposes,and can't get access to the full text, I've archived a copy HERE)