New York City’s charter authorized the New York City Board of Health to adopt a

Question

New York City’s charter authorized the New York City Board of Health to adopt a health code that it declared to have the force and effect of law. The board adopted a code that provided for the fluoridation of the public water supply. A suit was brought to enjoin the carrying out of this program on the grounds that it was unconstitutional and that money could not be spent to carry out such a program in the absence of a statute authorizing the expenditure. It was also claimed that the fluoridation program was unconstitutional because there were other means of reducing tooth decay; fluoridation was discriminatory by benefiting only children; it unlawfully imposed medication on children without their con- sent; and fluoridation was or may be dangerous to health. Was the code’s provision valid? [Paduano v. City of New York, 257 N.Y.S.2d 531]

Explanation / Answer

Despite the Court ruling1 in favor of the Board of Health, the code's provision was not valid. Flouridation is a health problem, which falls within the jurisdiction of Board of Health. but adopting such a health code for flouridation of water is unconstitutional. Most of the developed countries, including and Western Europe do not consume flouridated water. the arguments in support of my view point are given below -

- Flouride is a chemical added to water for the purpose of medical treatment. All other water treatments improve the water's quality and make it safe for consumption, except flouride, which does not do so .

- Unethical practice - state cannot force people to take a medication without their consent. Even doctors cannot force their patients to take a medication or treatment without their consent. So it is not only unlawful, but unethical as well.

- Side effects of overdose - people drink different amount of water, so the dose of flouride each individual receives, cannot be controlled by the board of Health . Controlling the dose of a medicine is critical.

- Flouridated water is consumed by people of all age , health and it may not be advisable for every individual to consume flouriated water.

- Nowadays people get flouride from other non-water sources. so there's actually no need for people to consume flouridated water.

- Flouride is not an essential nutrient, so excess consumption of flouride is of no good use, but there are health risks.

- Flouride accumulates in the bone, as kidneys are not able to excrete all of the flouride

There are many more such reasons which puts the matter in clear perspective that the provisions adopted in the health code by the board are not only invalid, but unconstitutional and could be harmful for health, rather than helping the cause of public health.

1. Reference - http://www.actionpa.org/fluoride/lawandcourts/ny-city.html

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