FTC Notches Another State Action Win In NC Dental Case

Law360, New York (May 31, 2013, 7:18 PM EDT) -- The Fourth Circuit ruled Friday that efforts by North Carolina's dental board to block nondentists from offering teeth-whitening services didn't merit antitrust immunity because it was not supervised by the state, handing another clear victory to the Federal Trade Commission in its long-running campaign to narrow the state action exemption.

A three-judge panel rejected the North Carolina State Board of Dental Examiners' bid to overturn the FTC's finding that its campaign of cease-and-desist letters to nondentists who were providing teeth-whitening services was anti-competitive. The board had...
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