Connecticut Court To Consider Teeth Whitening Restrictions

A Virginia-based law firm filed a federal lawsuit in Connecticut in response to a recent Connecticut State Dental Commission ruling restricting who can perform teeth whitening services. In June, the commission ruled that teeth whitening is licensed dentistry, making non-dentists who perform it under certain conditions subject to fines and imprisonment.

The suit was filed by the Institution for Justice, a libertarian, public interest law firm, on behalf of two local teeth whitening businesses the state closed. These businesses argue that the commission’s ruling was unconstitutional because it interfered with their right to compete for business. Many small businesses nationwide now offer teeth whitening services in malls, spas, and salons.

The dental commission stated its ruling was based on public safety concerns, citing the inherent risk to patients from tooth whitening products and office bleaching procedures, including tooth sensitivity and tissue burns.

The lawsuit was filed against the Connecticut public health commissioner and the state dental commission members.