SAFE WATER ASSOCIATION, INC.,

Plaintiff,
vs.
Case No. 92 CV 579
CITY OF FOND DU LAC,

Defendant.
_____________________________________________________________________

AFFIDAVIT OF GERARD F. JUDD, Ph.D.

IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

_____________________________________________________________________

State of Arizona )
)
County of Maricopa )

Gerard F. Judd, Ph.D., being first duly sworn on oath and with

personal knowledge of the information contained herein, respectfully

states to the Court as follows:

BACKGROUND

1. I have been a professor of Chemistry at Phoenix College,

Phoenix Arizona, since 1965.

2. I received my B.A. in chemistry from the University of Utah

in 1943. I received my M.S. from the University of Portland in 1948.

I received my Ph.D. in physical and organic chemistry from Purdue

University in 1953. I did Postdoctoral research at Purdue

University, on fluorinated organometallic reactions in 1954.

3. A few of my more recent research, academic and service

honors include:

a. Elected to Emeritus Member of American Chemical

Society, 11/92.

b. "20 Year Outstanding Teaching Award and Pin" from

Maricopa County Community College District, Dr. Paul A. Elsner,

Chancellor, 2/92.

c. Reviewed two fundamental chemistry textbooks for

publishers, 5/91.

d. Received "Speaker's Gold Plated Champion's Award for

Research, Communication and Education," regarding better teeth,

health and government. Arizona Breakfast Club, Harry E. Everingham,

President, 11/24/90.

e. "Faculty Appreciation Gift for Outstanding

Contributions to Teaching," Maricopa County Community College

District, Phoenix, Arizona, Dr. Paul A. Elsner, Chancellor, 3/4/85.

4. I have devoted thousands of hours during my career to

studying the chemistry of fluoride. In addition, in preparing this

affidavit, I have specifically researched and summarized the

following professional and technical literature on the

epidemiological effects of fluoride:

(a. Journal of Fluoride, August 1992 - January 1983.

(b. Chemical Abstracts, August 1992 - January 1989.

(c. Index Medicus, May, June and July 1992.

(d. Fluoridation The Great Dilemma, a 421-page book by

George L. Waldbott, M.D. in collaboration with Albert W. Burgstahler,

Ph.D. and H. Lewis McKinney, Ph.D.

(e. A Struggle With Titans, Forces Behind Fluoridation, a

383-page book by George L. Waldbott, M.D. (a scientist's look at

fluoridation).

(f. Fluoridation, the Aging Factor, a 203-page book by

John Yiamouyannis, Ph.D. in Biochemistry, and world-leading authority

on the biological effects of fluoride.

(g. Fluoride, The Freedom Fight, a 207-page book by Dr.

Hans Moolenburgh, M.D. (The Netherlands).

(h. Fluoridation, a 264-page book by Isabel Jansen, R.N.

(i. The Fluoride Question, Panacea or Poison?, a 176-page

book by Anne-Lise Gotzsche, medical journalist (England).

(j. Hello, Test Animals . . . Chinchillas or You and Your

Grandchildren, a 180-page book by W. R. Cox, chinchilla breeder and

researcher.

(k. The Grim Truth About Fluoridation, a 128-page book by

Robert M. Buck, journalist.

(l. Fluoridation, Poison on Tap, a 460-page book by Glen

S. R. Walker, consultant in strategic metals, munitions, and chemical

industry, registered by the National Association of Testing

Authorities in Australia.

(m. Fluoride in Australia, a Case to Answer, a 159-page

book by Wendy Varney, journalist.

5. During the past two years I have personally discussed the

effects of artificial fluoridation of drinking water with many

individuals possessing outstanding background on the subject of

fluoridation, including the following:

a. Dr. Albert Burgstahler, Ph.D., University of Kansas;

b. Dr. Mel Ruber, Ph.D., Columbia, Maryland;

c. Dr. Robert Carton, Ph.D., former head of EPA Employees Union,

Environmental Protection Agency, Washington, D.C.;

d. Dr. William Marcus, Ph.D., epidemiologist, Environmental Protection

Agency, Washington, D.C.;

e. Dr. William Foulkes, M.D., Vancouver, Washington, former head of

Ministry of Health in British Columbia;

f. Dr. John Colquhoun, Ph.D., Titi Rangi, New Zealand;

g. Dr. Albert Schatz, Ph.D., chemistry researcher, retired, Temple

University, Philadelphia, Pennsylvania;

h. Dr. Cornelius Steelink, Ph.D., Chemistry Professor, University of

Arizona;

i. Dr. John Yiamouyiannis, Ph.D., Delaware, Ohio;

j. Dr. John R. Lee, M.D., Sebastopol, California.

EVIDENCE AGAINST THE SAFETY OF FLUORIDATION

6. My research, communication and discovery concerning the

epidemiological effects of fluoridation has provided me with solid

scientific evidence on which to base the following conclusions.

7. Fluoride has never been established as, and is not,

essential in nutrition for soft tissues, bones or teeth.

8. There are no experiments or data which establish that

fluoride in any form or in any concentration is harmless when put

into drinking water for human consumption or usage.

9. Fluoride at low levels has been shown to unsnap hydrogen

bonds in the enzyme cytochrome oxidase, and thus ruin its ability to

handle oxygen in humans, animals or plants. (Exhibit____).

10. It is well-established in academic and industrial chemical

industry that the hydrogen-fluoride hydrogen bond is stronger than

the hydrogen-nitrogen or hydrogen-oxygen hydrogen bonds

characteristic of human enzymes. Therefore, human enzyme systems

(thousands of enzymes) are subject to destruction when water

containing fluoride is consumed. After a few weeks for some, and a

lifetime for others, a large enough reservoir of fluoride is built up

to cause serious ailments.

11. At least 63 human, animal and plant enzymes are for the

most part destroyed or modified by fluoride.

12. A summary of important epidemiological effects of fluoride

from Chemical Abstracts, 1992-1989 (53 pages); Journal of Fluoride,

August 1992-January 1993 (42 pages); and Index Medicus, May, June and

July 1992 (3 pages) failed to produce even one article proving

fluoride to be harmless.

13. Contrariwise, hundreds of experiments on test animals,

humans, plants, and their cells, have invariably demonstrated harmful

effects.

14. A large number of epidemiological effects in the way of

ailments and allergies caused by fluoride have been clinically

established by competent authorities, including those below.

15. Forty-nine or more serious allergenic conditions were

established by George Waldbott, M.D. These were proven by removing

patients from drinking water with fluoride in it, in which case they

were cured. This was followed up with single- or double-blind tests

with fluoride tablets.

16. Eight of Dr. Waldbott's side effects were confirmed through

double-blind tests organized by Dr. H. Moolenburgh, with 12 other

physicians, one pharmacist, and one attorney. (Exhibit____). Only

one of these side effects presented in court was sufficient to cause

the Holland Ministry of Health to discontinue fluoridation of water

in that country. These side effects are listed in Waldbott's book,

pp. 123-125.

17. Genetic changes in bone cells and sperm cells of mice were

thoroughly studied, re-studied and established by Dr. Albert Taylor.

This work has been confirmed by numerous other researchers.

18. Fluoride as a factor in cataracts has been established by

statistical studies of Dr. Ionel F. Rapaport and confirmed by the

research of Dr. Burgstahler. This has also been confirmed by

analysis of cataracted and un-cataracted eye lenses. The older the

person, the more the fluoride in the lens. (Exhibit____).

19. SIDS (crib or cot death) has been related to fluoride

poisoning by Dr. J. Colquhoun (exhibit____), Dr. Bruce Spittle, and

others.

20. Chronic fatigue syndrome (CFS), and chronic fluoride

toxicity (CFT) have been found to be very closely related in their

symptoms (Exhibit____).

21. RSI (repetitive stress injury, or carpal tunnel syndrome)

has been linked to the accumulation of fluoride in the bone by Dr.

Geoffrey E. Smith. Additional work supporting this link was found by

Dr. Sutton. (Exhibit____).

22. Dental fluorosis has been shown recently to occur at

fluoride levels as low as .3 ppm, as opposed to earlier studies of

Dr. H. Trendly Dean, who set 1.0 as a tolerable limit, allowing 24

percent fluorosis. The degree of fluorosis depends on the

nutritional status of the person.

23. Dr. Waldbott had over 400 cases of pre-skeletal bone

fluorosis in patients, which he established was caused by their

drinking fluoridated water. (Exhibit____) This has been further

confirmed by many other studies. The degree of bone fluorosis is

strictly related to bone fluoride content.

24. Embrittled bones are caused by drinking fluoridated water,

as well as by administration of tablets to "harden bones." (Riggs

study, Exhibit____; Utah study, Exhibit____; Jacobson's study,

Exhibit____; Cooper's study, Exhibit____; and Sower's study,

Exhibit____.

25. Increased infant mortality and birth defects (two to three

times increase) was established by Dr. Albert Schatz to be present in

Chilean children administered fluoridated water in an experimental

study in Curico, Chili, with San Fernando and La Serena as a control

towns. (Exhibit____). Dr. Schatz found fluoridation did no good for

teeth, and caused enormous increase in miscarriages. The

malformations and infant mortality dropped dramatically upon

cessation of the fluoridation. Similar malformations and infant

mortalities are now occurring in U.S.

26. C. R. Cox, working with the University of Oregon, found

that 17 ppm fluoride in feed caused constipation, great mature and

baby chinchilla death, small litters and over four generations a

smaller, inferior rabbit.

27. Down's Syndrome was established to be linked to consumption

of fluoride through statistical studies and re-studies by Dr. Ionel

F. Rapaport, M.D. and Waldbott, Fluoridation the Great Dilemma, pp.

212-219. Dr. Rapaport also found that 70% of Down's Syndrome babies

were born with cataracted eyes.

28. Genu valgum (knock knees) has been reported as having been

caused by fluoride in drinking water..

29. Gilbert's Disease (hemorrhagic yellow jaundice) has been

cured by taking the patient off fluoridated drinking water.

(Exhibit____).

30. Collagen synthesis has been shown to be impeded by fluoride

by the work of B. Uslu, Andola School of Medicine, Eskisehir, Turkey.

31. Immunosuppression, according to Sutton and Gibson, may be

caused by consumption of fluoride. (See Exhibits_______).

32. Decreased immunodiffusion has been established as due to

fluoride ion, making it a negative chemitaxic agent (this means it

impedes the "taxiing" or motion effect). (Exhibit____).

33. Between 1953 and 1968, there were approximately 572,810

(44,062 per year average) more deaths due to all types of cancer in

10 major fluoridated cities compared to non-fluoridated cities. Sex,

race and age changes in these populations were insignificant during

this period, so that nothing else could be established as causal.

(Exhibit____).

34. In Antigo, Wisconsin, heart attacks were shown to

dramatically increase both in the general population and the people

under 65 and over 65 when fluoridation was instituted and continued

over 35 years.

35. A tremendous increase in caiman (alligator) deaths was

experienced once Kansas City, Kansas water was fluoridated at the

Parrot Hill farms under the care of Patricia Jacobs, naturalist.

EVIDENCE AGAINST THE EFFECTIVENESS OF FLUORIDATION

36. In contrast to the claims of the Human Health Services and

the American Dental Association that fluoride reduces DMF (decayed,

missing, filled teeth) 65 percent, it has now been established

through a very large number of reliable studies that fluoride may

actually cause a slight amount of DMF. (A large amount of DMF is

actually related to nutrition.)

37. Dr. Yiamouyiannis found that of 39,200 students, ages 5-19,

from 89 fluoridated and non-fluoridated areas, the teeth of those

living in non-fluoridated areas had slightly less DMF.

(Exhibit____).

38. A survey of 1,500 fifth grade students in Missouri gave

slightly lower DMF for those who lived in a non-fluoridated area.

This was also true in a survey of 1500 6th graders.(Exhibit____).

39. A study of school children in Tucson, Arizona by Dr.

Cornelius Steelink (Chemistry Department, University of Arizona),

established that there was an increase in DMF with an increase in

fluoride in the water. (Exhibit____).

40. A thorough study of the entire population of Japan

(included 20,000 school children, 1972) established that when the

fluoride in the drinking water was above .4 ppm there was more decay.

(Exhibit____).

41. A study of Auckland, New Zealand, found that DMF decreases

depended heavily on dental education in the schools and the salary of

people from various areas, and insignificantly on the amount of

fluoride in the water. (Exhibit____).

42. In Garis, Africa a high proportion of 14 to 15-year-olds

had first permanent molars which were extensively carious or missing

despite 1.06 ppm fluoride in drinking water. High sugar intake was a

possible factor.

43. Earlier "studies" justifying fluoridation of drinking water

have been unmasked and debunked by competent authorities (Dr.

Waldbott, Dr. Colquhoun, Dr. Foulkes, Dr. Mark Diesendorf, Dr.

Sutton, Dr. Exner and Dr. Rudolf Ziegelbecker) on the basis of

neglecting variables, cheating and group selection, not completing

the studies, etc. (Exhibits_________________________).

44. As one example, phosphate, calcium and strontium were not

accounted for in the Newburgh-Kingston study, or any other study, to

the best of my knowledge. Dr. Waldbott established that the Kingston

water had deficiencies of these elements.

CONCLUSION

45. My research has made it clear that the American Dental

Association and U. S. Human Health Services have made a wrong turn in

their attempt to improve the teeth of the American public.

46. Fluoride in drinking water should be limited to .1 ppm

where possible, since reverse osmosis can easily reduce fluoride

below this value.

47. It is my best judgment, reached with a high degree of

scientific certainty, that fluoridation is invalid in theory and

ineffective in practice as a preventive of dental caries. It is also

dangerous to the health of consumers.

48. I make this Affidavit in support of the Plaintiff's Motion

for Summary Judgment.

Dated this _____ day of ________, 1993.

____________________
Gerard F. Judd, Ph.D.

Subscribed and sworn to before me

this ___ day of ________, 1993.

_________________________________

Notary Public, State of _________

My Commission:_________