Fluoridated “Nursery® Water” Background to Class Action Suit

From http://www.fluoridealert.org/nursery.water.background.html

CLASS ACTION SUIT: DiSimone v. DS Waters of America, Inc.

Notice of Class Action and Proposed Settlement

• According to Council for Plaintiff, Herman Gerel LLP:


On November 9, 2006, the American Dental Association (ADA) issued an alert advising parents to avoid using water with added fluoride when mixing infant formula. Likewise, the American Academy of Pediatrics (“AAP”) recommends that “Supplementary fluoride should not be provided during the first six months of life.”

Contrary to these clear warnings, Nursery Water, one of the nation’s biggest infant bottled water companies, markets its fluoridated water to infants and claims in its marketing and advertising that fluoride in water will “strengthen your little one’s teeth” and “prevent tooth decay.”

On February 21, 2008, Herman Gerel, LLP filed the first suit in the country against one of the nation’s biggest infant bottled water companies – Nursery Water – for misleading parents with erroneous information on its website and advertising materials regarding the safety and benefits of fluoride in infant bottled water, in clear violation of Federal Trade Commission rules. This case is currently pending in the Central District of California. See DiSimone v. DS Waters of America, Inc.

EWG calls for Investigation of Nursery Water (Feb 2008)- see press release and Letter to Federal Trade Commission and the FDA (html or pdf)

• January 3, 2007. Dental Experts: Too Much Fluoride Is Bad For Babies – WCVB-TV (Boston)

• Fluoride Action Network’s Online Petition to Wal Mart to stop selling Nursery Water