The teeth-whitening industry has pushed the boundaries of professional dental licensing. In particular, a dispute has arisen as to whether teeth-whitening is: (i) solely a cosmetic procedure not governed by state laws of dentistry; or (ii) the actual practice of dentistry governed by state law.  At least 14 U.S. states at this point have defined teeth-whitening services as the practice of dentistry. A recent Alabama court case highlighted this controversy surrounding BriteWhite, a teeth-whitening company, and the Alabama Board of Dental Examiners.

Following BriteWhite’s arrival on the market, the Alabama Board of Dental Examiners alleged that BriteWhite, a company that manufacturers a teeth-whitening system that is sold in spas and salons, was practicing dentistry without a license. Further, the Board attested that such services presented a public safety threat. In Alabama, the law stipulates that only licensed dentists may perform teeth-whitening procedures. BriteWhite responded that the company was only supplying the instructions and materials to cosmetically bleach teeth and was not actually performing any dental procedure. BriteWhite claimed a violation of its due process and equal protection rights. The case remains in litigation.

 The existence of companies like BriteWhite may cause dentists to lose potential teeth-whitening clients to the commercial teeth-whitening industry, which may negatively impact profitability. More importantly, other dentists are likely concerned with the lack of oversight of these services being completed by non-dentists.  The idea here, as we always hear from the Dental Boards, is that the public safety is of the utmost importance.  Thus, there are many dentists that advocate for tighter restrictions in the commercial teeth-whitening industry. For those interested in this issue, we encourage you to contact your state representatives on this matter, as well as the state dental association.

 Nardone Limited Comment: If anyone is interested in learning more about the Alabama case, please contact Erin Myers at emyers@vincentjnardone.com.