A decision by the North Carolina state dental board recently went in front of the nation’s highest court. In 2006, the dental board sent cease-and-desist letters to mall kiosks that offered teeth whitening services. As a result, North Carolina residents were forced to have their teeth whitened only in dental offices at significantly higher costs.

In 2010, the U.S. Federal Trade Commission picked up the case, and it eventually landed at the Supreme Court. On February 25, the court rule 6-3 against the board, stating that the board had violated anti-trust laws. In the majority opinion, Justice Anthony Kennedy chided board members – mostly composed of practicing dentists -- for “confusing their own interests with the state’s policy goals.” 

The three dissenting justices, Samuel Alito, Antonin Scalia, and Clarence Thomas brought up concerns that this decision may hurt the ability of states to regulate professionals in the future.

Though dentists in North Carolina must now contend with non-licensed sellers of teeth-whitening services, they can still offer a wide variety of other services that only a dentist can provide. And on that note, perhaps the most important service a dentist can provide patients has to do with the necessity of selecting the proper appliance to meet their needs. SML Global has a lab near you that can create high quality, customized appliances for your patients. Visit www.smlglobal.com and take a look

See the full article on the recent Supreme Court Decision.