Federal court sides with Conn. over teeth-whitening firms
HARTFORD — A federal appeals court has sided with Connecticut in a four-year-old legal fight over state regulations on teeth-whitening businesses.
The 2nd U.S. Circuit Court of Appeals in New York ruled Friday that “there are any number of rational grounds” for certain rules governing teeth-whitening, particularly shining a light on teeth to activate peroxides.
The state Department of Public Health in 2011 asked a teeth-whitening business, Sensational Smiles that operates in Branford and Hamden, to cease business or face legal action. The Dental Commission ruled only dentists may perform certain procedures.
Sensational Smiles sued and a lower federal court ruled in favor of the state.
The Institute for Justice, a Virginia law firm that represents Sensational Smiles, said it has not decided if it will appeal to the U.S. Supreme Court.