Legal brief filed in W.H. Tolhurst vs. Johnson & Johnson Consumer Products, Inc; Engelhard Corp.; ABE Dental Inc.; The American Dental Association, et al.
“The ADA owes no legal duty of care to protect the public from allegedly dangerous products used by dentists. The ADA did not manufacture, design, supply or install the mercury-containing amalgams. The ADA does not control those who do. The ADA’s only alleged involvement in the product was to provide information regarding its use. Dissemination of information relating to the practice of dentistry does not create a duty of care to protect the public from potential injury.”