US Supreme Court Rules Dental Board Can't Regulate Teeth Whitening
Geann Pineda | | Feb 26, 2015 06:58 PM EST |
(Photo : Reuters) A tooth colour chart is used to evaluate the current colour before a customer undergoes a teeth whitening treatment.
The United States Supreme Court has ruled, North Carolina dentists cannot regulate teeth-whitening services.
In a 6-3 vote, the high court says the dental board does not have the authority to stop its competitors from offering services particularly teeth whitening, saying it is anti-competitive.
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The state board, composed mainly of dentists, accused non-dentists of offering dental procedures particularly teeth whitening services without a license.
The board ordered them to stop and warned they will be slapped with criminal charges should they continue.
Teeth whitening services at dentists' offices are known to be expensive.
This is why spas and shopping centers in North Carolina began offering the procedure at lower prices.
The Federal Trade Commission, an agency that monitors unfair business practices, moved to block the board's actions against non-dentists.
The FTC claimed the board violated a provision in Federal Trade Commission Act that prohibits unfair methods of competition and deceptive acts and practices in commerce.
The FTC also pointed out, the dental board maybe subject to anti-trust claims, since members are part of the industry it is trying to regulate.
A lower court agreed with the FTC saying the dental board's power ended when it began to allow its members to unlawfully bring down competitors for personal interests.
The FTC also earned the Supreme Court's nod. Justice Anthony Kennedy said, it was not even clear whether the teeth whitening procedure is considered a practice of dentistry.
It wasn't also stated in North Carolina law, if the procedure should be exclusively done by dentists.
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