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New lawsuit against City of Buffalo, water board over lack of fluoride in water

Posted at 5:40 PM, Jul 13, 2023

BUFFALO, N.Y. (WKBW) — For nearly a decade Buffalo water customers, like Rebecca Whipple have not had fluoride in their drinking water.

SEE MORE: When will fluoride return to Buffalo's water?

"It's been eight years that we have not had fluoride in the water. It's unbelievable," Whipple said.

Whipple said she was shocked to find out her 5-year-old daughter needed major dental surgery this year for ten teeth.
She said she always took great care of her daughter's teeth while her family lived on Buffalo's west side.

"In those formidable years, those first two years of her life, and when I was pregnant with her and drinking the water in the city, that is time that she should have been and we all should have been building the strength in our teeth," she said, "I feel like there's a definite linkage here."

Whipple said because of this she's joining in on a newly filed class action lawsuit against the City of Buffalo.

"I want to be part of this problem getting remediated. It obviously affected my family personally but in the end, it's affecting the entire City of Buffalo," she added.

Robert Corp with Lipsitz Green Scime Cambria said they originally filed a similar lawsuit in January, but withdrew it, so the law group can submit a new one with now eight families.

SEE ALSO: Class action lawsuit filed against city of Buffalo regarding lack of fluoride in city water

"I am personally very frustrated my clients are frustrated interested community members are really frustrated and they're asking what's going on," Corp said.

The lawsuit states that the City of Buffalo and Buffalo Water Board are violating constitutional rights by depriving customers of fluoridated drinking water.

Corp said in this lawsuit they are ordering the city to:

  • immediately resume fluoridation of Buffalo's water supply
  • provide free dental clinics for customers who have experienced dental issues
  • pay more than 160 million dollars in damages

"Now here we are in the middle of July we've heard no updates from the city or anyone else about when the fluoridation will resume and I think it's a real disservice to the people of Buffalo," Corp said.

A city spokesperson said the goal is to put fluoride back into Buffalo's water by the end of the year, but would not elaborate on any other plans.