BUFFALO, N.Y. (WKBW) — A judge has dismissed a lawsuit filed against the City of Buffalo and Buffalo Water Board regarding the lack of fluoride in city water.
In January 2023, a Buffalo Water report revealed that city residents had not had fluoride in their water since June 22, 2015.
Then, in July 2023, a lawsuit was filed on behalf of Buffalo Water customers, claiming the City of Buffalo and Buffalo Water Board were violating constitutional rights by depriving customers of fluoride in their drinking water.
In September 2024, the city reintroduced fluoride into the water.
Now, a judge has dismissed the lawsuit. In the decision, the judge said, in part:
"In 2015, the City of Buffalo stopped adding fluoride to its municipal water supply in order to facilitate capital improvements and upgrades to the City's fluoride system. Fluoridation resumed in September 2024. According to Plaintiffs, however, Buffalo residents were injured every day for "nearly a decade" by the absence of "therapeutic" fluoride in the tap water.
Plaintiffs allege that, by "withholding'' addition of fluoride, Defendants violated their right to "a healthful environment" under the Green Amendment to New York State's Constitution. But the Green Amendment does not establish a constitutional right to fluoridated tap water. That provision does not mention fluoride-and could just as easily be read to support the absence of fluoride in a municipal water supply. There is no basis for this constitutional claim.
Plaintiffs also assert an assortment of state law claims based on theories of fraud, breach of contract, and negligence. Each of these claims is fatally flawed. The suspension of fluoridation was disclosed to Buffalo residents. And Plaintiffs fail to identify any material misrepresentation that can support any cause of action. For all of these reasons, which are explained fully below, the motions to dismiss are GRANTED."
You can read the full decision below:
