The parents of a 13-year-old girl in Maryland have filed a lawsuit against Nestlé USA, Nestlé Waters North America, and Gerber Products Company, claiming that some of their fluoride-containing products are responsible for their daughter's fluorosis and related dental issues.
The lawsuit, filed on August 29, alleges that the "defendants marketed and sold these products ... with no warning about the likelihood of damage to her teeth."
The products include Deer Park natural spring water with added fluoride and Poland Spring brand natural spring water with added fluoride, both of which contain 0.8 ppm of fluoride. Carnation Good Start infant formula made by Nestlé and baby food made by Gerber -- both of which also contain fluoride -- also were named in the complaint.
"We believe it to be without merit," Jane Lazgin, spokesperson for Nestlé Waters North America, told DrBicuspid.com. "We do have a product that is labeled 'with added fluoride' with levels established by the U.S. Food and Drug Administration, which regulates it. Their guidelines follow the same ones followed by other agencies."
— Chris Nidel, attorney for the plaintiff
Chris Nidel of Nidel Law, the Washington, DC, law firm representing the plaintiffs, said the company's position was "not a surprise."
"The guidelines are extremely limited with respect to bottled water and fluoride," Nidel told DrBicuspid.com. "It's a small bit of regulation allowing companies to advertise fluoride in the product if it has a certain amount in it. Compliance with that does not pre-empt state common law claims."
The lawsuit accuses the companies of marketing products containing fluoride for an age group that cannot benefit from it, instead placing them at risk.
"According to the Centers for Disease Control [and Prevention], you get a negative outcome from fluoride exposure between the ages of 0 and 8, especially between 0 and 6," Nidel said. "They also say the benefit of fluoride is predominantly limited to topical application, not ingestion, to the adult teeth. If you match these up, you only stand to be harmed from 0 to 8 -- the consumer does not stand to benefit."
The complaint noted that "the 8-ounce bottles are marketed to children and sold as 'the one designed with kids in mind.' "
"They're putting out these products with fluoride but there's no waiver, disclaimer, or warning to a parent saying, if their children don't have adult teeth, don't use this," Nidel said. "The irony is Gerber, another Nestlé company, makes fluoride-free water for mixing infant formula to avoid that risk, playing both sides of the fence on the exact same issue."
Deer Park and Poland Spring bottled water with fluoride comprised roughly 90% of the plaintiffs' daughter's drinking water starting at six months of age, according to the complaint. The family switched to larger containers of bottled water without fluoride in 2005. The girl also consumed Carnation infant formula and subsequently Gerber baby food as primary sources of nutrition up to age 1.
"The law doesn't require 100% exposure to one defendant," Nidel noted. "If there are multiple exposures, if each makes a significant contribution to a unified outcome, each should be accountable."
The plaintiff is seeking damages to cover ongoing dental work and pain and suffering, he said.
"The main item is the repair of the girl's teeth throughout her life," Nidel said. "She will need veneers, and those will have to be maintained."
Lazgin expressed confidence in a decision favorable to Nestlé.
"The product gives them the option of choosing fluoride if they choose it. The levels are comparable to fluoridated tap water," Lazgin said. "There are options of the same size without fluoride."
