Tooth-whitening case has repercussions for licensing boards

The U.S. Supreme Court heard arguments Tuesday in a case with potential repercussions for thousands of state licensing boards. At issue is whether a state regulatory board composed mainly of private dentists violated the nation’s antitrust laws when it barred nondentists from offering teeth-whitening services at a lower price. When spas, salons, and stores in North Carolina began offering teeth-whitening services at lower prices than dentists, the State Board of Dental Examiners—which consists mainly of private dentists—accused the whitening businesses of practicing dentistry without a license and ordered them to stop or face potential criminal charges.

The Federal Trade Commission (FTC) intervened to block the state board’s actions, and the U.S. Court of Appeals for the 4th Circuit agreed that the state regulatory scheme violated federal antitrust law by giving private dentists unfair power to restrict competition.

Source: National Public Radio