The case will focus on the Federal Trade Commission’s attempt to intervene in the North Carolina dentistry licensing board action that would disallow teeth whitening by anyone other than dentists. The case raises antitrust issues, focusing on to what extent a state’s board can be challenged under federal antitrust law as anticompetitive, according to the report.
Another lawsuit, unrelated focused on who is allowed to whiten teeth is pending in Georgia.
The two cases focus on whether or not limiting teeth whitening to only dentists is a matter of public health or an effort of licensing boards to keep the business solely amongst dentists, according to the report.
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