NC Dental Board Says FTC Can't Back Its 'Radical Position'

Law360, New York (July 20, 2012, 7:29 PM EDT) -- The North Carolina dental board warned the Fourth Circuit on Thursday against deferring to the Federal Trade Commission's conclusion that the board did not merit antitrust immunity because it wasn't supervised by the state.

In a reply-brief, the board argued that the appeals court should nix the FTC's finding that the board's decision to ban nondentists from offering teeth-whitening services was anti-competitive because the regulator still has not provided any "relevant cases or substantial evidence" supporting its "radical positions."

"No deference is warranted to FTC's legal...
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