Tag Archives: teeth whitening

SCOTUS decision on teeth-whitening business may hold wider implications for medical boards

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Image by waldopepper via Flickr

Image by waldopepper via Flickr

Lisa Schencker of Modern Healthcare  and Anne Blythe of the Raleigh News & Observer were among the first reporters to get the news out.

Today, the U.S. Supreme Court ruled that the North Carolina state dental board does not have the authority to regulate teeth-whitening businesses.

In a 6-3 decision, the justices found the North Carolina Board of Dental Examiners, which is comprised mostly of dentists, illegally quashed competition from non-dentists who sought to open teeth-whitening shops in the state. The decision, which upheld a lower court’s ruling, has the potential to impact other professional licensing boards across the country, experts say. Continue reading →

Mary Otto, a Washington, D.C.-based freelancer, is the author of "Teeth: The Story of Beauty, Inequality, and the Struggle for Oral Health in America."

Supreme Court hears case over teeth whitening, professional board’s power

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Photo by dbking via Flickr

Photo by dbking via Flickr

WASHINGTON — A long-running fight between the North Carolina State Board of Dental Examiners and a group of non-dentists who provide teeth-whitening services reached the nation’s high court today.

During an intense hour of oral arguments, the nine justices of the U.S. Supreme Court delved into whether the state board overstepped federal anti-trust laws in sending out threatening “cease and desist” letters to operators of teeth whitening salons in mall kiosks and salons.

Was the board, which is dominated by practicing dentists, unfairly obstructing competition from lower-priced providers? Or was the body fulfilling its obligation to protect the public health by acting as an arm of the state to shut down illegal practitioners of dentistry?

The court’s decision might have implications for teeth-whitening shops around the country, as well as for the state-established boards that regulate a wide range of professions, Emery Dalesio reported in an Oct. 13 story for The Associated Press

Dental whitening has grown into a multibillion dollar business and the struggle over who should be allowed to bleach teeth has been playing out in many states in recent years. Continue reading →

Mary Otto, a Washington, D.C.-based freelancer, is the author of "Teeth: The Story of Beauty, Inequality, and the Struggle for Oral Health in America."

Legal feud over dental service shows no sign of lightening up

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Mark Blevis via Flickr

Mark Blevis via Flickr

A long feud between North Carolina’s state dental board and a group of non-dentists who provide teeth-whitening services may have wider implications for the dental and medical boards that regulate the health professions nationwide.

The case of North Carolina Board of Dental Examiners v. Federal Trade Commission is headed for the U.S. Supreme Court, with oral arguments are scheduled for Oct. 14. At issue is whether non-dentists should be allowed to bleach teeth.

Dental whitening has grown into a multibillion dollar business and many dentists offer the service, which involves applying peroxide-containing preparations to the teeth.

Do-it-yourself whitening kits are available in pharmacies. In some states, retail salons and mall kiosks offer teeth-whitening services.

In at least 25 states, dental boards have taken steps to shut down these establishments, according to a report by the Institute for Justice (IJ) a non-profit libertarian law firm. Since 2005, at least 14 states have changed their laws and regulations and now ban all but licensed dentists, hygienists and assistants from performing tooth-whitening procedures, according to the IJ.

Dental organizations back such restrictions, arguing that the retailers are practicing dentistry without a license and contending they could be putting customers at risk.

The details of the cases vary from state to state. But the Supreme Court’s decision in the North Carolina case could have wider implications for tooth-whitening shops – and for the dental and medical boards that regulate the health professions nationwide.

See this new tip sheet on the legal battles over teeth whitening, including details of the situation in a number of states, relevant court cases, statements and other useful coverage.

And be sure to watch Covering Health for coverage of the Oct. 14 Supreme Court arguments.

Mary Otto, a Washington, D.C.-based freelancer, is the author of "Teeth: The Story of Beauty, Inequality, and the Struggle for Oral Health in America."

Are medical, dental boards public or private? Case over teeth-whitening services may decide

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Image by waldopepper via Flickr

Image by waldopepper via Flickr

A long-simmering feud between North Carolina’s state dental board and a group of non-dentists who provide teeth-whitening services in malls and day spas is headed for the U.S. Supreme Court. Oral arguments in the case, North Carolina Board of Dental Examiners v. Federal Trade Commission, are scheduled for Oct. 14, the ADA (American Dental Association) News reports.

The decision could have wider implications for teeth-whitening shops – and for the dental and medical boards that regulate the health professions nationwide. Dental whitening has grown into a big business in recent years and, in a number of states, dental boards have taken steps to make the services illegal for anyone but dentists or hygienists to perform. Campbell Robertson provided a thorough look at the topic in a story last year for The New York Times.

In North Carolina, the Federal Trade Commission (FTC) has taken the side of the retail teeth-whitening shops. In 2011, the commission held that North Carolina’s state dental board “illegally thwarted competition by working to bar non-dentist providers of teeth whitening goods and services from selling their products to consumers.”

Last year, the U.S. Court of Appeals for the Fourth Circuit upheld the FTC’s ruling.

But the North Carolina dental board argues that its actions are not subject to such challenges because federal antitrust laws do not apply to actions taken by a state or its agencies. Continue reading →

Mary Otto, a Washington, D.C.-based freelancer, is the author of "Teeth: The Story of Beauty, Inequality, and the Struggle for Oral Health in America."