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FDA Lawsuit: Moms Against Mercury v. Leavitt (Update 1)

Posted Sep 14 2008 5:31pm

(Posted by Patrick Sullivan Jr.)

What better time to sue the FDA than right after the JAMA studies?

From Charlie Brown of Consumers for Dental Choice:

In a watershed moment for our movement, today, April 27, we sued FDA asking the federal court in Washington to order a ban on mercury fillings. Moms Against Mercury v. Leavitt: “Petition to Order Mercury Amalgam Withdrawn from Interstate Commerce,”

We have three good reasons to go to federal court: (1) FDA refuses to do an environmental impact statement, as the law requires – about the #1 source of mercury in America’s wastewater. (2) FDA, for 25 years, has refused to classify mercury fillings, again violating its legal duty. (3) Using a sneaky way to allow mercury fillings to be sold without classifying them, FDA calls it “substantially equivalent” to a non-mercury alloy – we will challenge this sham. Joining me as counsel, I’m pleased to announce, is experienced lawyer Bob Reeves of Lexington, KY; we have been assisted enormously by Catholic University law student Johann Wehrle, law clerk for Consumers for Dental Choice.

Now it’s your turn. Unless you act, FDA pro-mercury bureaucrats will continue to disregard consumers and the environment -- covering up the science and the very existence of the mercury. Ask your two US Senators and your Congresswoman or Congressman, today, to investigate FDA. Here’s a short-cut: go to -- we’ve even got talking points for you!

I just read through the brief and it seems pretty darn good to me.

Now, this may be a dumb thought, but I wonder if the FDA has a "If you're going to sue us, please go to the back of this line" policy. I mean, do they get sued every day and this is just normal course of business? Or will they actually take this seriously?

And when they get this, will they think, "How do we defend mercury amalgams?" Or do they say, "Hmm...our boss -- the citizens of this country -- are telling us we need to fix something about our hundred year old policy."

That remains to be seen. But we can hope.

I urge all of the readers of this blog to ACT NOW and also pass this information along to their friends!

UPDATE 1: Here's the Watson & Burton Mercury Letter that they gave to Secretary Leavitt today.

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