The U.S. Environmental Protection Agency’s (EPA) Water Infrastructure Resiliency and Finance Center, in collaboration with the...
Firm files brief opposing Metropolitan Water District’s motion to dismiss lawsuit allegations
Attorneys at Blumenthal Nordrehaug & Bhowmik (BNP) filed a brief Nov. 23 opposing the Metropolitan Water District’s (MWD) motion to dismiss a lawsuit alleging that the Metropolitan Water District of Southern California is distributing through the public water systems a drug that has not been approved by the U.S. Food and Drug Administration (FDA).
Foli v. Metropolitan Water District is currently pending in the Federal District Court for the Southern District of California as Case No. 11CV1765 JLS (BLM).
Specifically, the lawsuit seeks to stop MWD’s alleged practice of “injecting hydrofluosilicic acid into the water supply for the purpose of treating disease and dental cavities” on the basis that “[h]ydrofluosilicic acid has never been approved by the [FDA] for the treatment of disease or dental cavities.” The attorneys argue in the opposition that MWD’s use of a drug not approved by the FDA to fight tooth decay violates the United States Food and Drug Administration Act.