In North Carolina State Board of Dental Examiners v. Federal Trade Commission, 717 F.3d 359 (4th Cir. 2013), the Fourth Circuit Court of Appeals held that the actions of a state’s Board of Dental Examiners (Board) were subject to antitrust scrutiny by the Federal Trade Commission (FTC). North Carolina clothes the Board with considerable authority to enforce the state’s laws concerning the unauthorized practice of dentistry by non-licensed persons. The majority of the Board, however, consists of practicing dentists and dental hygienists.
The case arose from the Board’s actions to stop non-licensed persons from offering “teeth whitening” services within the state. Seemingly responding to complaints from established dental practices, the Board issued cease-and-desist letters to numerous non-dentists offering teeth whitening services, effectively driving such over-the-counter services from the state. The FTC subsequently investigated the Board’s actions, ultimately issuing an order prohibiting the Board from taking further...
