A Baltimore County Circuit Court judge has thrown out a class-action lawsuit against the American Dental Association (ADA) and the Maryland State Dental Association (MSDA), finding that the court has no jurisdiction over the ADA and that the plaintiffs failed to state a claim of fraud or Consumer Protection Act violations against the professional associations. Judge Lawrence Daniels dismissed "with prejudice" the complaints in the case of Lisa Hogan and Victoria Bolton and on behalf of an unnamed class of plaintiffs v. The American Dental Association, et al. Judge Daniels issued his ruling in Baltimore on April 18. The lawsuit was filed in February 2002.
The lawsuit alleged the defendants engaged in unfair and deceptive trade practices in violation of the Maryland Consumer Protection Act, contending that amalgam fillings are dangerous and that the defendants purposely concealed that information from consumers.
Dental amalgam, the silver-colored filling material that dentists have used to restore hundreds of millions of decayed teeth, is made from silver, copper and tin, in addition to mercury, which chemically binds these components into a hard, stable and safe alloy.
"We are very pleased with this ruling," said ADA President T. Howard Jones, D.M.D. "We hope the courts will continue to put these lawsuits behind us so that we may go unhindered in devoting our time and efforts to promoting the nation's oral health and working on solutions to help improve access to oral health service."
Courts in New York and Georgia dismissed similar lawsuits earlier this year.
The ADA is the nation's oldest national dental association, representing more than 147,000 members. It advocates for the public's health and promotes the art and science of dentistry.
For more information about dental amalgam and other oral health topics, visit www.ada.org.