Chief Administrative Law Judge D. Michael Chappell has ruled that the North Carolina State Board of Dental Examiners engaged in illegal conduct by asking providers of teeth-whitening services to cease and desist from their activities.
The providers were based largely in mall kiosks around the state.
Chappell, a federal administrative judge, ruled that Federal Trade Commission staff attorneys had shown “by a preponderance of the evidence that dentist members of the Dental Board had a common scheme or design, and hence an agreement, to exclude non-dentists from the market for teeth whitening services and to deter potential providers of teeth whitening services from entering the market.”
The decision followed a four-week trial in front of Chappell in April, according to Raleigh attorney A.P. Carlton (pictured), who represented the Board.
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