As the collision between the Federal Trade Commission and the North Carolina Board of Dental Examiners unfolds in legal slow motion, Ron Haynes sells teeth-whitening supplies and insists he doesn't understand the fuss.
It's a fuss that is taking two routes toward the U.S. 4th Circuit Court of Appeals and appears bound for the U.S. Supreme Court.
The Board of Dental Examiners says non-dentist proprietors of teeth-whitening kiosks, such as Haynes, are breaking the law by practicing dentistry without a license. A subsection of G.S. § 90-29(b) defines the practice of dentistry to include the removal of "stains, accretions or deposits from human teeth."
But Haynes (pictured with employee Kate Law), who runs his Pro White kiosk in SouthPark Mall in Charlotte, told Lawyers Weekly that his employee doesn't remove stains from anyone's teeth. The kiosk merely supplies the materials and equipment for teeth-whitening.
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