ADA News

Washington—The Federal Trade Commission issued an administrative complaint June 17 charging that the North Carolina dental board "has acted in various ways to eliminate the provision of teeth whitening services by non-dentists."

"Dentists in North Carolina, acting through the instrument of the North Carolina Board of Dental Examiners ('Dental Board'), are colluding to exclude non-dentists from competing with dentists in the provision of teeth whitening services," the FTC complaint said. "The actions of the Dental Board prevent and deter non-dentists from providing or expanding teeth whitening services, increase prices and reduce consumer choice without any legitimate justification or defense, including the 'state action' defense."

The complaint says teeth-whitening services are offered by dentists and non-dentists in North Carolina and that dentist members of the board "can and do control the operation of the dental board" and have financial interest in board decisions. The dental board consists of six licensed dentists, one licensed hygienist and one consumer member who is neither a dentist or a hygienist.

"The conduct of the dental board constitutes concerted action by its members and the dentists of North Carolina," the complaint asserts.

The FTC gave the board 14 days to respond to the allegations and scheduled a hearing on the complaint for Feb. 17, 2011, before an administrative law judge. The administrative complaint begins a proceeding "In the Matter of The North Carolina Board of Dental Examiners," FTC Docket No. 9343, but is neither a finding nor a ruling that the dental board violated the law.

Board officials had no immediate response to ADA News requests for comment.

The complaint and a June 17 FTC news release with the headline, "Federal Trade Commission Complaint Charges Conspiracy to Thwart Competition in Teeth-Whitening Services," are posted at the commission website www.ftc.gov