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On Wed, Nov 23, 2011 at 1:50 PM, Carole Clinch <caclinch@gmail.com> wrote: Dr.

George Allen Heimann CPSA #60461 Medical Officer of Health (519) 258-2146 ext. 1402 aheimann@wechealthunit.org Windsor Essex County Health Unit 1005 Ouellette Ave Windsor, ON N9A 4J8

Nov 22, 2011 Dear Dr. Heimann

RE: False and Misleading statements made on AM 800 CKLW, the Lynn Martin Show on Nov 2,
2011 by Dr. Heimann, Medical Officer of Health for Windsor-Essex

This letter is also attached in .pdf format. Would the Windsor City Clerk please file this letter and forward this information to city council and CEO, and acknowledge receipt of this letter. This letter is also copied to the Ontario College of Physicians and Surgeons as a formal complaint regarding the false and misleading statements documented below by Dr. Heimann. Introduction It is commonly understood that the only reason for adding hexafluorosilicic acid to drinking water is to address the problem of dental cavities. Is this administration of a product used for medical treatment by municipal councils ultra vires?
The SUPREME COURT OF CANADA (Metropolitan Toronto v. Forest Hill (Village), [1957] S.C.R. 569) states that fluoridation is used for a “special health purpose.” According to Justice Cartwright: “In pith and substance the by-law relates not to the provision of a water supply but to the compulsory preventive medication of the inhabitants of the area. In my opinion the words of the statutory provisions on which the appellant relies do not confer upon the council the power to make by-laws in relation to matters of this sort.”

HEALTH CANADA states the following in Petition #299 (Answer #3) to the Auditor General of Canada: “Health Canada does not regulate hexafluorosilicic acid or sodium silicofluoride products, the actual products used in water

fluoridation, which are allegedly used as a medical treatment to prevent dental disease.” http://www.oag-bvg.gc.ca/internet/English/pet_299_e_34270.html

Food and Drugs Act

All fluoride products used for dental care are regulated by Health Canada under the new Natural Health Product Regulations and the Food and Drugs Act – except the fluorosilicate products used in drinking water. The Food and Drugs Act is regarded as the single most important safety net system designed to protect Canadians from unsubstantiated claims of safety and efficacy. It is troubling that Health Canada promotes the policy of artificial water fluoridation, yet does not regulate the actual products used in artificial water fluoridation which are used as a “medical treatment to prevent dental disease.”
CFIA

Carole Clinch filed a formal complaint to the Canadian Food Inspection Agency (CFIA) on November 25, 2010 against the manufacturer of the bottled water product called "Nursery Water" with sodium fluoride added. (www.nurserywater.com & www.nurserywater.ca) The CFIA confirmed in a letter and by phone that the health claims made by the manufacturer of the product called Nursery Water is not compliant with the legal requirements of the Food and Drugs Act and associated Regulations. An Access to Information (ATIP) request relating to the CFIA investigation has been submitted.

"We have realized that the Nursery Water contains non-permitted claims and CFIA is looking into your enquiry.” Source: Email dated Nov 26, 2010,Eva Kaczmarcyzk, Food Specialist, Canadian Food Inspection Agency, 709 Main Street West, Hamilton ON L8S 1A2. Carissa Sirikitputtisak stated by phone that the health claims for the product called Nursery Water were not permissible. Source: phone call Oct 4, 2011 at 10:20am from Carissa Sirikitputtisak, Food Specialist/Inspector from the CFIA in Barrie, Ontario.

Implications

The Canadian Food Inspection Agency has ruled that the health claims for bottled water with sodium fluoride added (F concentration of 0.7 ppm), are NOT LEGAL. Health Canada and the Public Health Service make health claims for municipal drinking water with fluoride added. Are these health claims LEGAL?

Your statement

Dr. Heimann made the following statement on AM 800 CKLW, the Lynn Martin Show on Nov 2, 2011 when asked if “The products that are used have been regulated and approved by Health Canada?” 

“Health Canada doesn't specifically have a regulatory requirement for this particular product. The products which are used in Ontario are regulated under the Fluoridation Act of 1990 and the Safe Water Drinking Act.”

Dr. Heimann knows, or should know, that Health Canada is required to regulate and approve all products used for medical treatment, which use health claims, under the Food and Drugs Act and its associated regulations. Dr. Heimann knows, or should know, that the products used for artificial water fluoridation are not specifically regulated under either the Fluoridation Act or the Safe Drinking Water Act. A quick look at the Fluoridation Act available here: http://www.elaws.gov.on.ca/html/statutes/english/elaws_statutes_90f22_e.htm will demonstrate that there is absolutely no reference made to the actual products used in artificial water fluoridation (Hexafluorosilic acid or Sodium silicofluoride). The only reference to fluoride products is “fluoride ions”. An examination of the Safe Drinking Water Act (please consult a lawyer and confirm for yourself) will demonstrate that the actual products trucked to your drinking water facility are not regulated by the Ontario government under this legislation. The following are statements from the Ontario Ministry of the Environment which clarify the situation: “MOE has no jurisdiction over the manufacture or sale of drinking water treatment chemicals.” Source: June 11, 2007 email correspondence written by Mirek Tybinkowski, M.Eng., P.Eng, Water & Wastewater Specialist, Safe Drinking Water Branch, Ontario Ministry of the Environment. “The MOE’s only authority lies in ensuring (in the approval and inspection processes) that fluoridation equipment is appropriately installed, operated and monitored.” Source: Feb 18, 2009 email correspondence written by Mirek Tybinkowski, M.Eng., P.Eng, Water & Wastewater Specialist, Safe Drinking Water Branch, Ontario Ministry of the Environment. Your statement

Artificial water fluoridation is “safe and effective”

The scientific/legal determination of safety is based on 2 types of research:

1. Animal studies (toxicology studies) 2. Human studies (randomized, controlled clinical trials are the gold standard)

The actual fluoride products used in artificial water fluoridation (silicofluorides Na2SiF6, H2SiF6) have neither the required animal studies nor the required human studies to demonstrate safety. Until 2010 there were NO TOXICOLOGY STUDIES available which examined the long-term use of these products. There are now available two (2) recently published toxicological studies 1,2 demonstrating health harm from the long-term use of these products. The actual fluoride products used in artificial water fluoridation (silicofluorides Na2SiF6, H2SiF6) is used as a “medical treatment to prevent disease” according to Health Canada, for a “special health purpose,” according to the Supreme Court of Canada, yet it has never been regulated or approved by Health Canada. All other fluoride products used for dental care are regulated under the Food and Drugs Act. (see above for citations)
In the absence of any studies demonstrating safety, but the availability of 2 recent toxicology studies (see footnotes 1 and 2 and discussion below) showing health harm, the claims that these products are "safe" are not based on well-established scientific protocols designed to protect public safety. In the absence of any studies demonstrating safety, the claims that these products are "safe" are not based on legal definitions and requirements designed to protect public safety.

A formal complaint was filed with the Auditor General of Canada on May 26, 2011 regarding the unregulated fluoride products used in artificial water fluoridation. Executive Summary available from: http://www.newmediaexplorer.org/chris/Canada_Request_for_Audit_2011_Executive_Summary .pdf

Due diligence The performance of due diligence before lending your profession’s credibility (or your provincial office authority) to your statements would have revealed the facts noted herein. It should be noted that under the Physician Services Agreement ratified in October 2008, Medical Officer of Health in Ontario make between $252,037.50 and $294,937.50 per year. In comparison, the annual capita income for citizens in Windsor-Essex county in 2007 was $30,900 according to the Windsor-Essex quick fact sheet available here: http://www.google.ca/url?sa=t&rct=j&q=annual%20family%20income%20-%20windsoressex&source=web&cd=5&sqi=2&ved=0CEMQFjAE&url=http%3A%2F%2Fwww.royallepage binder.com%2Fpdf%2Fwindsoressexquickfact.pdf&ei=K67KTpW7KcrC0QHso4D4Dw&usg= AFQjCNGxD3zjIULH13X2pRoQnwqfUeJSWA&cad=rja Implications for misleading council and the public:
 

It is insulting to council members who work so hard to serve the public interest; It is insulting to the taxpayers who pay the salaries of individuals or organizations who present this misinformation.

There 2 possible explanations for why individuals or organizations distribute False and Misleading information: 1. Individuals/organizations do not have sufficient expertise on this issue, as implied by their position of authority; OR 2. Individuals/organizations are intentionally misleading the public. The content of this letter puts into question Dr. Heimann’s advice and opinions as being based on factual evidence. Perhaps you were simply unaware of the facts contradicting your statements, or your testimony may have been intended as opinion, rather than a factual representation, for which you certainly have the right of expression. I cordially request that Dr. Heimann make a public statement on the AM 800 CKLW, the Lynn Martin Show, that his opinions were not based on the facts available. Yours truly, Carole Clinch

Citations 1. Leite GAS, Sawan GMM, Teofilo JM, Port IM, Sousa FB, Gerlach RF. Exposure to lead exacerbates dental fluorosis. Archives of Oral Biology 2011, doi:10.1016/j.archoralbio.2010.12.011

2. Sawan RM, Leite GA, Saraiva MC, Barbosa F, Tanus-Santos JE, Gerlach RF. Fluoride increases lead concentrations in whole blood and in
calcified tissues from lead-exposed rats. Toxicology 2010;271(1-2):21-6. http://www.ncbi.nlm.nih.gov/pubmed/20188782

Carole Clinch 307 Normandy Ave Waterloo, Ontario N2K 1X6 519-884-8184

Copied to: City Clerk, Windsor 350 City Hall Square West Windsor, Ontario Canada N9A 6S1 311@city.windsor.on.ca

Lynn Martin AM800 CKLW 1640 Ouellette Avenue Windsor, Ontario N8X 1L1 lynnmartin@am800cklw.com College of Physicians and Surgeons of Ontario Attention: Investigations Department 80 College Street Toronto, ON, M5G 2E2 ir@cpso.on.ca CBC news Windsor Star -Carole Clinch BA BPHE 307 Normandy Ave Waterloo, Ontario, Canada N2K 1X6 519-884-8184 Petition #221, 243, 244, 245, 299 to the Auditor General of Canada http://www.oag-bvg.gc.ca/internet/English/pet_lp_e_938.html Executive Summary-Law Review http://www.newmediaexplorer.org/chris/Canada_Request_for_Audit_2011_Executive_Summary .pdf

Clinch CA. Fluoride Interactions with Iodine and Iodide: Implications for Breast Health. Fluoride April-June 2009:42(2):75-87. http://www.fluorideresearch.org/422/files/FJ2009_v42_n2_p00i-iii.pdf Long H, Jin Y, Lin M, Sun Y, Zhang L, Clinch C. Fluoride Toxicity in the Male Reproductive System. Fluoride Oct-Dec 2009;42(4):275-291. http://www.fluorideresearch.org/424/424/files/FJ2009_v42_n4_p260-276.pdf Clinch CA. Does Dental Fluoride Use have Clinically Significant Effects on Oral Bacteria? Fluoride Oct-Dec 2010;43(4):213-22. http://www.fluorideresearch.org/434/files/FJ2010_v43_n4_p205-214.pdf

Clinch CA. Excess Fluoride Interference with Cystic Fibrosis Transmembrane Conductance Regulator (CFTR). Fluoride Jan-Mar 2011;44(1):7-8. http://www.fluorideresearch.org/441/files/FJ2011_v44_n1_p007-008_pq.pdf

APPENDIX
Appendix: False and Misleading statements made on AM 800 CKLW, the Lynn Martin Show on
Nov 2, 2011 by Dr. Heimann, Medical Officer of Health for Windsor-Essex

Dr. Heimann stated:

“The products which are used in Ontario are regulated under the Fluoridation Act of 1990 and the Safe Water Drinking Act.”

The following is a letter received today from the Director of the Standards Development Branch, Ministry of the Environment, who responded to the statements made by Dr. Heimann. Please forward to Windsor Utilities Commission and Windsor City Clerk and Council. Sincerely, Carole Clinch

Dear Ms. Clinch, 1. Are the products which are used in Ontario for artificial water fluoridation (Hexafluorosilicic acid and Sodium silicofluorde) regulated specifically under the Fluoridation Act of 1990? Answer: The Fluoridation Act (1990) does not regulate products used for artificial water fluoridation.

2. Are the products which are used in Ontario for artificial water fluoridation (Hexafluorosilicic acid and Sodium silicofluoride) regulated specifically by the Ministry of the Environment under the Safe Water Drinking Act of Ontario? Answer: The products used for artificial water fluoridation are not regulated by the Safe Drinking Water Act (2002).

3. Does the Ministry of the Environment have any jurisdiction over the manufacture and sale of products used as a medical treatment?

Answer: No. The manufacture and sale of products used for medical treatment do not fall within the scope of the Ministry of the Environment’s mandate. Thank you for your email. Steve Klose Director, Standards Development Branch Ministry of the Environment 40 St. Clair Ave. W. 7th floor Toronto, Ontario