Courts have rejected a few additional arguments opposing fluoridation without
engaging in a detailed analysis. Examples of such arguments are as follows:
In Kraus v. City of Cleveland, 121 N.E.2d 311, 313 (Ohio 1954), the plaintiffs
asserted, among other reasons, that a fluoridation ordinance was
unconstitutional because it did not set forth the exact chemical to be used. In
rejecting all of plaintiff’s assertions, the Ohio Supreme Court focused on the
facts that the city council had acted properly within the power delegated to it
by the legislature, and that there was sufficient evidence on the record to
support the council’s decision.
In Rogowski v. City of Detroit, 132 N.W.2d 16 (Mich. 1965), the plaintiffs also
claimed that the fluoridation ordinance at issue should be struck down because
water fluoridation was wasteful and uneconomic. Here the Michigan Supreme
Court was considering an appeal by plaintiffs from a summary judgment
granted in favor of the defendants. Thus, the standard of review was whether
all of plaintiffs’ claims taken together as true set forth a valid claim for relief.
The Court held that they did not and affirmed summary judgment in favor of
the City of Detroit.
Opponents of fluoridation alleged that it subjected citizens to mass medical or
scientific experimentation in both the Rogowski and
Kraus cases. Both courts
resolved the cases and upheld the validity of the fluoridation measures on other
grounds without getting to the experimentation arguments.
Rogowski v. City of
Detroit, 132 N.W.2d 16 (Mich. 1965);
Kraus v. City of Cleveland, 121 N.E.2d
311 (Ohio 1954).
The plaintiffs in both Rogowski v. City of Detroit, 132 N.W.2d 16 (Mich. 1965)
and Readey v. St. Louis County Water Co., 352 S.W.2d 622 (Mo. 1961) both
made allegations that fluoridation measures were invalid because they were
not the least intrusive means of controlling dental caries. Both the Michigan
Supreme Court and the Missouri Supreme Court rejected these arguments.