According to the Standard-Examiner, the North Carolina State Board of Dental Examiners is challenging the FTC’s authority to bar them from shutting down non-licensed businesses performing teeth whitening services. The dental board says that its grounds for challenge stems from the 10th amendment, which protects state sovereignty.

The original argument centers on whether teeth whitening is the same as stain removal. Under North Carolina state law, stain removal is considered a dental procedure and as such must be performed by a licensed dentist.

The FTC defends its position by stating that tooth whitening is different from stain removal. They argue that the process for bleaching teeth is the same as over the counter teeth whitening strips, except slightly more concentrated. The article says the FTC alleges the reason for the dental board’s actions comes from a desire for a monopoly on profitable teeth whitening services and not from concern about public health.

This has been a hot topic within the tanning business community the past year, with states like New Jersey and Texas contemplating following the North Carolina State Board of Dental Examiners lead. If the FTC is restricted in its authority to regulate this practice, it could mean indoor tanning retailers will no longer be able to offer teeth whitening.

Read the full article at the Standard-Examiner