I saw a very interesting decision in a case called North Carolina Board of Dental Examiners v. FTC the other day. It should make some of us worry.
What happened is that the NC Board, which is made up of six dentists, one dental hygienist and one consumer member, issued cease and desist letters to 47 non-dentist, teeth-whitening providers, many of whom practiced their art in kiosks at malls and other high-traffic places. The board also asked the malls not to lease these non-professionals space in the future. The complaints which prompted the investigation and orders came from dentists who rightly believed that they were losing market share to the mall operations. The dentist members of the board voted unanimously to drive these competing businesses out.
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