The case went all the way to the United States Supreme Court, which held in a 6-3 decision that the Board was not immune because it was not "actively supervised" by the state. North Carolina State board of Dental Examiners v. Federal Trade Commission, __ U.S. __, 135 S.Ct. 1101 (2015). In clarifying and narrowing the state action doctrine, the Court explained: "When a State empowers a group of active market participants to decide who can participate in its market, and on what terms, the need for supervision is manifest." … [Read more...] about If Republicans Allow A Hearing on Merrick Garland’s Nomination, They Should Ask Him About Teeth Whitening
Can you get teeth whitened with gum disease
The Institute for Justice has also challenged regulations or laws that ban veterinarians from giving online advice, that restrict casket sales, that restrict front-yard gardens, and that require hair braiders to take cosmetology classes. In the casket case, the New Orleans-based 5th U.S. Circuit Court of Appeals sided with Benedictine monks who challenged the law allowing only funeral directors to sell caskets. … [Read more...] about Teeth-whitening entrepreneurs challenge dentists-only restriction
The Fourth Circuit held that the dental board is subject to federal antitrust law because it was acting as a private party, not a governmental agency, when it issued cease-and-desist letters to teeth-whitening providers who were not dentists. They also agreed that the dental board is operated by market participants who are elected by market participants. State boards and quasi-governmental agencies should be aware that their activities may not be immune from antitrust enforcement actions. … [Read more...] about Fourth Circuit & Federal Trade Commission (FTC): State Dental Board Subject to Federal Antitrust Laws in Teeth-Whitening Case
Money damages were not an issue in the FTC suit, and the case doesn’t address whether board members have immunity from damages liability, Kennedy said. He also pointed out that states could agree to indemnify and defend agency members in the event of litigation. … [Read more...] about SCOTUS smiles on nondentist teeth whiteners, allows antitrust action against dentistry board
The amicus brief (PDF) filed by the North Carolina State Bar argues that the 4th Circuit decision upholding the FTC’s power could affect state bars’ power to regulate lawyer ethics and the unlicensed practice of law. “Under the 4th Circuit’s decision,” the amicus brief says, “the state bar and its councilors will face antitrust claims asserted by disgruntled lawyers and by nonlawyers whose conduct constitutes the unauthorized practice of law.” … [Read more...] about SCOTUS accepts teeth-whitening case; could decision impair state bars’ ability to regulate lawyers?