Today, these three products are made primarily from fluoroapatite using products captured by the chimneys of pollution control systems of chemical phosphate fertilizer plants. Therefore, the clear nature of fluoridation chemicals is waste products from phosphate fertilizer production in an industrial environment, with no control over sanitary conditions.
Strangely, the legal classification of the fluoridation chemicals used for water fluoridation has rarely been raised by health authorities, whether federal or provincial. However, these legal aspects are crucial. Here are the potential legal classifications of fluoridation chemicals:
- Medicine
- Natural health products
- Sources of a mineral for food fortification
- Food
- Food additives
- Water treatment chemicals
- Toxic and hazardous products
Fluoridation has a therapeutic goal of preventing dental caries, but the legal classification of fluoridation products assigned by Health Canada and accepted by Quebec Public Health has nothing to do with the prevention of disease or an intake of a nutrient. Yet fluoridation is presented as an important public health measure in the prevention of tooth decay.
Fluoridation is the addition of a chemical containing fluoride, with the aim of treatment against a disease (dental caries) by modifying the composition of tooth enamel to make it more resistant to caries. Therefore, the products used to fluoridate need to be legally classified in order to use them for this obviously therapeutic purpose. Only two classifications allow products to have a therapeutic purpose: drugs and natural health products.
Under the Food and Drugs Act, only Health Canada has the constitutional right to regulate substances with therapeutic benefits. The Act classifies two of the possible fluoridation agents as follows:
Drug
Includes any substance or mixture of substances manufactured, sold or represented for use in:
- The diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings or animals,
- Restoring, correcting or modifying organic functions in human beings or animals, or
- Disinfection in premises in which food is manufactured, prepared or kept.
Food
Includes any article manufactured, sold or represented for use as food or drink for human beings, chewing gum, and any ingredient that may be mixed with food for any purpose whatsoever.
These definitions of the Food and Drugs Act will help to clarify two of the possible classifications of the fluoridation agent. However, in Petition 299, 299B and 299C, addressed to Health Canada under the Environment Commissioner of the Office of the Auditor General of Canada, Health Canada claimed that they did not have any jurisdiction over fluoridation chemicals because they were only water treatment chemicals. So, by eliminating the legal classifications above: Medicines, Natural health products, Sources of a mineral for food fortification, Food and Food additives...what is left as classifications?
Water Treatment Chemicals and Toxic and hazardous products!
What then are the legal and ethical implications of these two legal classifications? It really raises serious legal issues! Can you see that? If classified as a "water treatment chemical", we are really "treating humans" NOT water; or if classified as a "toxic and hazardous product", why are we adding it to drinking water?
It is illegal to add a drug to drinking water; as it is illegal to make a therapeutic allegation to a nutrient used for food fortification; as it is illegal to use a water treatment chemical to treat a population or even an individual. There are at least 10 legal articles in the Food and Drugs Act for which fluoridation is in contravention. We will deepen the legality of fluoridation in a future newsletter.