BIRMINGHAM, Ala. (AP) — A judge upheld a law Friday banning anyone in Alabama except a dentist from selling cosmetic teeth-whitening services, a ruling that went against a libertarian group that views the restriction as an unfair barrier on competition.
Jefferson County Circuit Jude Elisabeth French ruled the Dental Practice Act’s restriction on teeth-whitening is not unconstitutional. French said the plaintiffs failed to prove the government had no legitimate interest in setting the rules.
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“The factual record in this case demonstrates numerous actual or potential health and safety risks,” the judge wrote. “The Legislature should be concerned with protecting the oral health and safety of citizens. This is the rational basis for the statute.”
The Virginia-based Institute for Justice, a libertarian group, represents two non-dentists who challenged the law. Al.com reports (http://bit.ly/10yhmZi ) the plaintiffs plan to appeal the ruling to the state Supreme Court.
“Today’s ruling doesn’t protect public safety; it protects licensed dentists from honest competition. Literally millions of people have safely whitened their teeth using products identical to those sold by the plaintiffs,” said Paul Sherman, an institute attorney. “But although these products are safe, dentists typically charge up to six times more than non-dentists for teeth-whitening services, which is why they’ve lobbied aggressively in Alabama to restrict competition.”
The agency that regulates dentists, the Board of Dental Examiners of Alabama, praised the decision.
“The board is very pleased they may continue to fulfil their mandate,” said Susan Franklin Wilhelm, the board’s executive director.
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Information from Al.com, http://www.al.com
