FTC Does Not Embrace Dentist Board’s Anticompetitive Activity

The Federal Trade Commission (FTC or Commission) has a long history of challenging state licensing boards' actions that restrict competition. This history includes advocating against restrictive legislation at the state level and litigation — some of which has reached the Supreme Court — on restrictive rules, such as limiting when and under what circumstances non-medical practitioners can conduct eye exams, provide oral exams and basic teeth cleaning services, and interpret x-rays. On December 2, 2011, the FTC added to this history when it unanimously concluded that the North Carolina State Board of Dental Examiners (the Board) illegally thwarted competition by working to bar non-dentist providers of teeth whitening goods and services (such as mall kiosks, spas, retail stores, and salons) from selling their products to consumers. In reaching this conclusion, the Commission rejected the Board's state action defense and substantively determined that certain actions of the