Nidel Law, P.L.L.C., in conjunction with Paulson and Nace, P.L.L.C., re-filed a case against Nestle U.S.A., Nestle Waters North America, Inc., The Dannon Company, Inc., and the Gerber Products Company, for damage caused by fluoride contained in their products marketed and sold for consumption by children under the age of eight. The Plaintiff, a 13-year old girl, suffers from “dental fluorosis” which is a permanent disfigurement of her teeth.
According to the CDC, dental fluorosis is caused by the ingestion of fluoride before the age of eight. While many in the public may have heard the claims that fluoride prevents cavities, according to the CDC the preventative benefits of fluoride are predominantly when it is applied topically (rather than ingested) to adult teeth, after the age of eight. The science thus shows that when fluoride is ingested by people under the age of eight, there is a significant risk of harm, while at the same time there is no benefit. The defendants in this case knew that their products contained fluoride and actively marketed these products to children and to parents for the use in their children. The defendants’ failure to warn of the risk of harm from these products is unacceptable.
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