By Bruce D. Sokler, Christi J. Braun, and Matthew Cohen
The Federal Trade Commission (FTC) has a long history of challenging state licensing boards’ restrictions on non-professionals whose business poses a competitive threat to that of the boards’ members. On December 2, 2011, the FTC concluded, in a unanimous opinion, that the North Carolina State Board of Dental Examiners illegally thwarted competition by barring non-dentist providers of teeth whitening goods and services from selling their products to consumers.