Summer 2000
Vol. 15, No. 2

The Mercury Papers

CANADA - Health activists who have spent years batting against the use of mercury in dental fillings are howling with delight with the release of an exchange of letters between Health Canada and a Canadian entrepreneur we will call "Jane."

The letters, now posted on the internet, begin on November 18, 1999 with Jane proposing "a new product for sale in Canada." The product is described as Amalgam jewelry, "a shiny, long-lasting amalgam composition that will be made into rings, earrings, bracelets, and wristbands." The composition of the jewelry (50 percent mercury, 30 percent silver, 10 percent tin and 10 percent zinc) just happened to be identical to the composition of the amalgam used in dental fillings.

"This is a stable compound that has been used for 150 years," Jane's letter continues. "I do not anticipate any regulatory hurdles as it is a common formulation that has been approved for use with human beings previously."

On December 8, Health Canada replied that the sale of jewelry is unregulated and unrestricted in Canada. However, a Health Canada product safety officer cautioned, "mercury is a known toxic heavy metal that is not only harmful to human health, but also an environmental concern."

Undeterred, Jane replies on December 14 that "I foresee a time when literally millions of Canadians can wear amalgam jewelry with pride, knowing they paid much less for a product which is [more] safe and durable [than silver]." Since there is "nothing the government can do to stop the sale of large amounts of amalgam jewelry," Jane declared, "I am requesting a final confirmation in writing before proceeding with importing my first 5,000 pounds of amalgam ... I also have no plans to label this material, as it is a safe and effective compound."

In a letter dated December 16, Jane raises the stakes. "I am now changing my original business plan" to medium-scale production of children's toys with amalgam "either a coating or the major component of the toy. I would like approval in writing from your department that this is safe to do."

At this point, Canada's bureaucracy grinds to an embarrassed halt. Finally, under prodding, Health Canada replies "I am sorry, but we cannot provide you with such a letter." Enclosed was a copy of the Hazardous Products Act and Toy Regulation.

After reviewing the documents, Jane wrote once more. "If my interpretation is correct, then it is illegal to sell to children ANY amalgam containing product they would be in direct contact with." Jane asked if HC would agree with this statement. And would they put it in writing? Jane concluded her letter with: "If I receive another non-specific reply, I will move to have this answered in Federal Court."

Checkmate. There was no further response from Health Canada.