The American Medical Association has filed a brief in the U.S. Court of Appeals in Richmond, Va., challenging Federal Trade Commission antitrust enforcement action against a state licensing board that attempted to regulate who could provide teeth whitening services.
In its brief, the AMA argued a North Carolina State Board of Dental Examiners, an agency of North Carolina, was in the right when it issued a "cease and desist letter" to non-dentist teeth whitening service providers in malls. On Dec. 2, 2011, the FTC found that the dental board was acting outside its authority when it issued the cease and desist letters. Further, the FTC argued that the dental board, which is largely dentist-run, conspired against non-dentist teeth whiteners to reclaim a lost market share.
The AMA argues states should be allowed to exercise authority when it comes to public health and safety issues and that the Appeals court ruling in Virginia could establish a precedent for future FTC-state public health board issues.
"Affirming the FTC order would greatly impede state regulation of the practice of medicine, with a devastating impact on public health, at least within the Fourth
Circuit and perhaps nationally," AMA writes in its brief.
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