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110 DAYSPA | JUNE 2014 LEGAL PAD cosmetic procedure by dental patients between the ages of 20 and 50. • Per the AACD, more than $1.4 billion is spent on over-the-counter (OTC) teeth-whitening products every year in the U.S. • Between consumer products and professional procedures, an estimated $15 billion is spent each year on teeth whitening in the U.S. annually. Given such fi gures, it isn't surprising that there's a heated debate on as to who can buy, sell and/or adminis- ter teeth-whitening products and services. There's a lot of money hanging in the balance. Five years ago, the Amer- ican Dental Association (ADA), citing safety concerns, came out swinging with this two-pronged approach: 1) It has petitioned the U.S. Food & Drug Adminis- tration (FDA) to reclassify OTC teeth-whitening prod- ucts. Currently classifi ed as cosmetics, these products are easily obtained by the public, who can self-apply or receive the service from a beauty professional. But if the ADA gets its way, certain items will be classifi ed as products only a dentist can administer. 2) It has lobbied state regulatory agencies and leg- islatures to declare teeth whitening a "dental proce- dure". Last year in Alabama, the legislature passed a law stating that any pro- fessional other than a dentist who performs a teeth-whitening service is committing a misde- meanor punishable by a year in jail and a $5,000 fi ne. The ADA has so far been quite successful in its ef- forts. According to the civil liberties law fi rm Institute for Justice (ij.org), 14 states have defi ned teeth whit- ening as "the practice of dentistry." CASES IN POINT Meet Joyce Osborn Wilson, owner of northern Ala- bama's The Hairport and inventor of the BriteWhite teeth-whitening system, sold to spas and salons. Both the Alabama Dental Board and the North Carolina Board of Dental Examiners advised Wilson that she is practicing dentistry without a license. But the Federal Trade Commission (FTC) rode to the rescue of Wilson and, in 2011, ruled that the Board of Dental Exam- iners thwarted competition by sending Wilson and others like her cease-and-desist letters. Now, an FTC decision is a big deal because of its ©ISTOCKPHOTO.COM dayspamagazine.com/freeinfo • Use FreeInfo #52 L e g a l P a d . i n d d 1 1 0 Legal Pad.indd 110 5 / 1 / 1 4 3 : 4 8 P M 5/1/14 3:48 PM