Tooth Whitening Case Goes

In October, the United States Supreme Court heard arguments regarding Case 13-534, North Carolina Board of Dental Examiners v the US Federal Trade Commission (FTC). It stems on the actions of the North Carolina State Board of Dental Examiners, which voted to ban whitening salons, spas, and stores in the state due to the fact that such services were being offered by individuals without a license or training—endangering public safety. Upon learning of the board’s decision, the FTC challenged the ruling, claiming that such actions violate US antitrust laws. The US Court of Appeals for the Fourth Circuit agreed with the FTC in 2013, noting that the board voted to prohibit tooth whitening outside of the dental office to eliminate the low-price point competition. “This isn’t just a case about whitening teeth,” said Jonathan Lebowitz, former chairman of the FTC. “This is a case about whether professional associations—dentists, doctors, lawyers, title insurers, movers—can hide behind professional boards to restrict competition.” The case now rests with the US Supreme Court justices, who are expected to make a final ruling by June 2015.

From Dimensions of Dental Hygiene. December 2014;12(12):12–13.