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June 12, 2001

 

American Dental Association

211 E. Chicago Ave.

Chicago Ill, 60611-2616

John S. Zapp, Registered Agent

American Dental Association

211 E. Chicago Ave.

Chicago Ill, 60611-2616

Dorthy J. Moss, Registered Agent

American Dental Association

1111 14th Street, N.W., Suite 1200

Washington, DC, 20005

 

RE : 60-Day Notice Under Proposition 65 for Failure to Warn About Chemicals Listed Pursuant to Health & Safety Code Section 25249.5 et seq.

Dear Sir/Madam:

This firm represents Kids Against Pollution ("KAP"), Dental Amalgam Mercury Syndrome, Inc. ("DAMS"), the American Academy of Biological Dentistry ("AABD"), and Debra Seltenreich. KAP is a non-profit organization of active youth throughout the United States. Its Director is Christine Shahin-Wood. Ms. Woods works out of KAPís offices at 311 Main Street, 3rd Floor, Utica, New York, 13501, (315) 266-0185. DAMS is a non-profit organization and has been actively involved in dealing with issues regarding those injured by dental amalgam, and has members throughout the country and in California. Its president is Leo Cashman. DAMSí national office is located at 3236 17th Ave S, #1 Minneapolis, MN 55407, (612) 721-1144. AABD is a non-profit organization active in the promotion of mercury-free dentistry. AABDís director is Carol Arana. AABDís offices are located at P.O. Box 856, Carmel Valley, CA, 93924, (831) 659-5385. Ms. Seltenreich is located at Debra Seltenreich, 6965 El Camino Real #490

Carlsbad, CA 92009, (760) 930-4380. However, please be advised that any communication, whether written, oral, electronic, or otherwise, must be directed to the attention of the undersigned at this office only.

This letter is to serve as notification that the American Dental Association ("ADA") has violated, and continues to violate, the warning requirement Proposition 65 by exposing individuals, including, but not limited to, patients to mercury which is the major component of Dental Amalgam, used as dental fillings or for other dental treatments. The ADAís relevant information as required under 22 Cal. Code of Regulations section 12903 is listed hereinabove.

The ADA has been and is currently causing unwarned exposures of patients and other consumers, along with other individuals in California to Mercury, Methylmercury, and/or other Mercury Compounds which exposure occurs from dental amalgam fillings that contain mercury. Methylmercury Compounds have been listed as a Proposition 65 carcinogen since May 1, 1996. Mercury and Mercury Compounds (which include Methylmercury) have been listed as a Proposition 65 as a developmental toxin since July 1, 1990 (hereinafter, "Chemicals" shall refer to the foregoing chemicals collectively). As such, violations of Proposition 65 are ongoing and continuous.

The products that are the subject of this notice include Dental Amalgam which contains Mercury and/or other Mercury Compounds or otherwise causes exposures to these Chemicals.

The routes of exposure are ingestion, and inhalation. Patients and consumers are exposed continuously when they are treated with dental amalgam as in the case of having their cavities filled. Exposures occur continuously and on a daily basis, through ingestion and inhalation. This is particularly alarming in the case of children and pregnant women.

As such, while in the course of doing business, the ADA has in the past, and continues to, knowingly and intentionally expose members of the public to the Chemicals without first giving clear and reasonable warning to such persons pursuant to Health & Safety Code ß25249.6.

The unwarned and unlawful exposures to Mercury, Mercury Compounds, and Methylmercury Compounds have been occurring for many years and at least since these chemicals have been listed under Proposition 65 starting on or about July 1, 1987. Unwarned and unlawful exposures to Mercury, Mercury Compounds, Methylmercury, and Methylmercury Compounds began one year after each was identified under Proposition 65 as a "chemical known to the state to cause cancer or reproductive toxicity." Therefore, the duration of exposure to Mercury and Mercury Compounds is since its listing on July 1, 1990; the duration of exposure to Methylmercury Compounds is since their listing as a carcinogen on May 1, 1996 and separately, one year since its listing as a reproductive toxin on July 1, 1987. As such the violations are continuous and ongoing.

Proposition 65 requires that notice of intent to sue be given to a violator 60 days prior to the filing of the suit. This Notice covers all violations of Proposition 65 that are currently known to these noticing parties based on all the currently available information.

By copy of this letter, Notice is hereby given to to all 58 California county prosecutors, the California Attorney General, and City Attorneys of all California Cities with populations in excess of 750,000. For your convenience, I have enclosed a copy of The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65): A Summary.

Should you have any comments or questions regarding this matter, please do not hesitate to contact our offices.

Very Truly Yours,

LAW OFFICES OF SHAWN KHORRAMI

 

By:________________________________

SHAWN KHORRAMI

Enclosure

PROOF OF SERVICE

 

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

I am employed in the County of Los Angeles, State of California. I am over

the age of 18 and not a party to this action. My business address is 14550 Haynes Street,

Third Floor, Van Nuys, California, 91411.

On June 12, 2001, I served the foregoing

60-Day Notice Under Proposition 65 for Failure to Warn.

on the interested parties below by enclosing a copy in a sealed envelope addressed

as follows:

[SEE ATTACHED SERVICE LIST]

/ X / ( MAIL) I placed the envelope for collection and mailing on the date shown above, at this office, in Van Nuys, California, following our ordinary business practices.

I am readily familiar with this office's practice of collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the U.S. Postal Service in a sealed envelope with postage fully prepaid.

/ / (BY PERSONAL SERVICE) I delivered such envelope by hand to offices of addressee(s).

/X / (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

/ / (FEDERAL) I declare under penalty of perjury that I am employed in the office of a member of the bar of this court at whose direction the service was made.

Executed on June 12, 2001, at Van Nuys, California.

 

_________________________________

DARIUS SARIRI

 

Service List

 

American Dental Association

211 E. Chicago Ave.

Chicago Ill, 60611-2616

 

John S. Zapp, Registered Agent

American Dental Association

211 E. Chicago Ave.

Chicago Ill, 60611-2616

 

Dorthy J. Moss, Registered Agent

American Dental Association

1111 14th Street, N.W., Suite 1200

Washington, DC, 20005

Edward G. Weil, Esq.

Office of the Attorney General

1515 Clay Street, 20th Floor

Oakland, CA 94612-1413

 

District Attorney

Alameda County

1225 Fallon Street, Rm. 900

Oakland, CA 94612

 

District Atty

Alpine County

P. O. Box 248, Courthouse

Markleeville, CA 96120

 

District Attorney

Amador County

708 Court Street, Ste. 202

Jackson, CA 95642

 

District Atty

Butte County

25 County Center Dr.

Oroville, CA 95965

 

District Attorney

Calaveras County

County Government Center

San Andreas, CA 95249

 

District Attorney

Colusa County

547 Market St.

Colusa CA 95932

 

District Attorney

Contra Costa County

P.O. Box 670, Courthouse

Martinez, CA 94553

 

District Atty

Del Norte County

County Courthouse, 450 H Street

Crescent City, CA 95531

 

District Attorney

El Dorado County

515 Main Street

Placerville, CA 95667

 

Fresno County D.A.

Golden State Plaza

2220 Tulare, Suite 1000

Fresno, CA 93721

 

District Atty

Glenn County

540 W. Sycamore Street

Willows, CA 95988

 

District Attorney

Humboldt County

825 Fifth Street

Eureka, CA 95501

 

District Attorney

Imperial County

939 Main Street

El Centro, CA 92243

 

District Attorney

Inyo County

168 N. Edwards Street,

P.O. Drawer D

Independence, CA 93526

District Attorney

Kern County

Civic Center, Truxtun, Rm. 4018

Bakersfield, CA 93301

 

District Attorney

Kings County Government Center

1400 W. Lacey Blvd.

Hanford, CA 93230

 

District Atty

Lake County

County Courthouse, Rm. 424

Lakeport, CA 95453

 

District Attorney

Lassen County

Courthouse, S. Lassen St., Rm. 202

Susanville, CA 96130

 

District Attorney

18000 Criminal Courts Bldg

210 W. Temple Street

Los Angeles, CA 90012

 

District Attorney

Madera County

209 W. Yosemite Avenue

Madera, CA 93637

 

District Attorney

Marin County

Hall of Justice

San Rafael, CA 94903

 

District Atty

Mariposa County

P.O. Box 748

Mariposa, CA 95338

 

District Attorney

Mendocino County

County Courthouse, P.O. Box 1000

Ukiah, CA 95482

 

District Attorney

Merced County

2222 "M" Street

Merced, CA 95340

 

District Atty

Modoc County

County Courthouse, P.O. Box 1171

Alturas, CA 96101

 

Mono County District Attorney

County Courthouse, Main St.

P.O. Box 617

Bridgeport, CA 93517

District Attorney

Monterey County

240 Church Street

Salinas, CA 93901

 

 

District Attorney

Napa County

931 Parkway Mall

Napa, CA 94559

 

District Attorney

Nevada County

Rm. 204, Courthouse Annex

Nevada City, CA 95959

 

Orange County D. A.

707 Civic Center Dr. W., Rm. A200

P.O. Box 808

Santa Ana, CA 92702

 

Placer County D. A.

11562 "B" Avenue

Dewitt Ctr.

Auburn, CA 95603

 

Plumas County D. A.

520 Main St. Rm 404

Quincy, CA 95971

 

District Attorney

Riverside County

4075 Main Street

Riverside, CA 92501

 

District Attorney

Sacramento County

901 "G" St., Rm. 419

Sacramento, CA 95816

 

District Attorney

San Benito County

419 4th Street

Hollister, CA 95023

 

District Attorney

San Bernardino County

316 N. Mt. View Ave.

San Bernardino, CA 92415-0004

 

S.D. County D. A.

101 W. Broadway, Ste. 1440

P.O. Box X-1011

San Diego, CA 92112

 

San Francisco D. A.

Hall of Justice

850 Bryant St., Rm. 320

San Francisco, CA 94103

 

San Joaquin County D.A.

222 E. Weber, Rm. 200

P.O. Box 990

Stockton, CA 95202

 

District Atty

San Luis Obispo County

County Government Ctr, Rm. 450

San Luis Obispo, CA 93408

 

District Attorney

San Mateo County

401 Marshall St., 3rd Floor

Redwood City, CA 94063

 

District Atty

Santa Barbara County

1105 Santa Barbara St.

Santa Barbara, CA 93101

 

District Attorney

Santa Clara County

70 W. Hedding - West Wing, 5th Rr.

San Jose, CA 95110

District Attorney

Santa Cruz County

701 Ocean St., Rm. 250

Santa Cruz, CA 95060

 

District Attorney

Shasta County

1525 Court St., P.O. Box 1320

Redding, CA 96001

 

District Attorney

Sierra County

County Courthouse

Downieville, CA 95936

 

District Attorney

Siskiyou County

P.O. Box 986

Yreka, CA 96097

 

District Attorney

Solano County

600 Union Ave.

Fairfield, CA 94533

 

Sonoma County D.A.

600 Administration Dr.

Hall of Justice, Rm. 212-J

Santa Rosa, CA 95403

 

District Attorney

Stanislaus County

1100 "I" St., Rm. 200, Box 442

Modesto, CA 95353

 

District Attorney

Sutter County

Courthouse Annex, Box 1555

Yuba City, CA 95991

 

Tehama County D.A.

County Courthouse

P.O. Box 519

Red Bluff, CA 96080-0519

District Attorney

Trinity County

P.O. Box 310

Weaverville, CA 96093

 

District Attorney

Tulare County

Courthouse, Rm. 202

Visalia, CA 93291-4593

 

 

District Attorney

Tuolumne County

2 S. Green St.

Sonora, CA 95370

 

District Atty

Ventura County

800 S. Victoria Ave., 2nd Floor

Ventura, CA 93009

 

District Attorney

Yolo County

204 4th St.

Woodland, CA 95695

 

District Attorney

Yuba County

County Courthouse, 215 - 5th St.

Marysville, CA 95901

 

L. A. City Attorney

1800 City Hall East

200 N. Main

Los Angeles, CA 90012

 

City Attorney

City of San Diego

202 "C" St., 3rd Floor

San Diego, CA 92101

 

City Attorney

City of San Jose

151 W. Mission St.

San Jose, CA 95110