FLUORIDE: DRUG OR POISON
By Dr. Bill Osmunson, DDS, MPH
If fluoride is not a drug, then it is a poison.
RCW 69.38.010"Poison" defined. As used in this chapter "poison" means: (1) Arsenic and its preparations; (2)
Cyanide and its preparations, including hydrocyanic acid; (3) Strychnine; and (4) Any other substance designated by
the state board of pharmacy which, when introduced into the human body in quantities of sixty grains or less, causes
violent sickness or death.
Sixty grains is 3,889 mg. Fluoride is considered lethal at 5 mg/Kg body weight which would
make 15 mg potentially lethal for an infant. There is no dispute that 15 is less than 3,889 and
fluoride is poisonous. Indeed, historically fluoride was used as a rat poison.
I asked the State Board of Pharmacy to designate fluoride as a poison and after about 2 years
with no response and under pressure, the Board responded that fluoride is a prescription (legend)
drug evading the determination of fluoride as a poison.
Some of the drug laws violated are:
69.04.400 Conformance with federal regulations.
69.04.410 Drugs -- Adulteration by harmful substances.
69.04.420 Drugs -- Adulteration for failure to comply with compendium standard.
69.04.430 Drugs -- Adulteration for lack of represented purity or quality.
69.04.440 Drugs -- Adulteration by admixture or substitution of ingredients.
69.04.450 Drugs -- Misbranding by false labeling.
69.04.460 Packaged drugs -- Misbranding.
69.04.470 Drugs -- Misbranding by lack of prominent label.
69.04.480 Drugs -- Misbranding for failure to state content of habit forming drug.
69.04.490 Drugs -- Misbranding by failure to show usual name and ingredients.
69.04.500 Drugs -- Misbranding by failure to give directions for use and warnings.
69.04.510 Drugs -- Misbranding for improper packaging and labeling.
69.04.520 Drugs -- Misbranding for failure to show possibility of deterioration.
69.04.530 Drugs -- Misbranding by misleading representation.
69.04.540 Drugs -- Misbranding by sale without prescription of drug requiring it.
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RCW 69.38.020 exempts drugs but not additives from the definition of poisons and the
Washington Board of Pharmacy correctly defined fluoride as a prescription drug. If this Court
agrees with the Board of Pharmacy, RCW and FD&C Act that fluoride when used to prevent
disease is a drug, then drug laws apply, according to RCW 69.38.010, including the following:
69.04.400 Conformance with federal regulations.
69.04.410 Drugs -- Adulteration by harmful substances.
69.04.420 Drugs -- Adulteration for failure to comply with compendium standard.
69.04.430 Drugs -- Adulteration for lack of represented purity or quality.
69.04.440 Drugs -- Adulteration by admixture or substitution of ingredients.
69.04.450 Drugs -- Misbranding by false labeling.
69.04.460 Packaged drugs -- Misbranding.
69.04.470 Drugs -- Misbranding by lack of prominent label.
69.04.480 Drugs -- Misbranding for failure to state content of habit forming drug.
69.04.490 Drugs -- Misbranding by failure to show usual name and ingredients.
69.04.500 Drugs -- Misbranding by failure to give directions for use and warnings.
69.04.510 Drugs -- Misbranding for improper packaging and labeling.
69.04.520 Drugs -- Misbranding for failure to show possibility of deterioration.
69.04.530 Drugs -- Misbranding by misleading representation.
If fluoride is NOT a drug but rather simply an additive to water, then poison laws apply.
69.40.010 Poison in edible products.
69.40.015 Poison in edible products -- Penalty.
69.40.020 Poison in milk or food products -- Penalty.
69.40.025 Supplementary to existing laws -- Enforcement.
69.40.030 Placing poison or other harmful object or substance in food, drinks, medicine, or water
-- Penalty.
69.40.055 Selling repackaged poison without labeling -- Penalty.
69.40.150 Drug control assistance unit investigative assistance for enforcement of chapter.
It seems prudent for this Court, the City, and WDS to accept the Initiatives and gain FDA
approval rather than to defend themselves as adding “additives” defined by law as poisons.
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If fluoride is an additive and not a drug, then the City as seller, is making a false representation
to the purchaser and is at risk of false representation, RCW 69.38.050. And the City is
committing a class B felony.1
Either as a drug or as a poison additive, the City as manufacturer must get registration or
approval from the state (Board of Pharmacy) (RCW 69.38.060) and/or FDA.
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RCW 69.40.030 Placing poison or other harmful object or substance in food, drinks,
medicine, or water — Penalty. (1) Every person who willfully mingles poison or places any
harmful object or substance, including but not limited to pins, tacks, needles, nails, razor
blades, wire, or glass in any food, drink, medicine, or other edible substance intended or
prepared for the use of a human being or who shall knowingly furnish, with intent to harm
another person, any food, drink, medicine, or other edible substance containing such poison
or harmful object or substance to another human being, and every person who willfully
poisons any spring, well, or reservoir of water, is guilty of a class B felony and shall be
punished by imprisonment in a state correctional facility for not less than five years or by a
fine of not less than one thousand dollars.
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