Free Daily Headlines :

  • COVID-19
  • Vaccine Info
  • Money
  • Politics
  • Education
  • Health
  • Justice
  • More
    • Environment
    • Economic Development
    • Gaming
    • Investigations
    • Social Services
    • TRANSPORTATION
  • Opinion
    • CT Viewpoints
    • CT Artpoints
DONATE
Reflecting Connecticut’s Reality.
    COVID-19
    Vaccine Info
    Money
    Politics
    Education
    Health
    Justice
    More
    Environment
    Economic Development
    Gaming
    Investigations
    Social Services
    TRANSPORTATION
    Opinion
    CT Viewpoints
    CT Artpoints

LET�S GET SOCIAL

Show your love for great stories and out standing journalism

Business owners challenge teeth whitening restrictions

  • by Arielle Levin Becker
  • November 15, 2011
  • View as "Clean Read" "Exit Clean Read"

Until recently, you could find Stephen Barraco’s Smile Bright teeth whitening products in hair and nail salons, selling for a fraction of what you might pay in a dentist’s office.

But now, Barraco’s Branford-based business is limited to the Internet, and he’s laid off his five employees –the result, he says, of a declaratory ruling by the Connecticut State Dental Commission that restricts who can whiten teeth.

“We can’t offer our products and services in salons,” he said.

On Wednesday, attorneys for Barraco, his business partner and the owner of a now-closed teeth whitening business plan to file a federal lawsuit challenging the commission’s ruling. Paul Sherman, a staff attorney at the Institute for Justice, a Virginia libertarian law firm that represents the business owners, said the dental commission’s ruling was intended to protect dentists from competition, not to protect public safety.

Long performed in dental offices, teeth whitening has become an increasingly common offering in other settings, available in salons, spas and shopping malls. It’s an $11 billion business, according to the Council for Cosmetic Teeth Whitening, which argues that the procedure is a cosmetic process, not a dental one.

Dentists have taken the opposite view, arguing that non-dentists could miss underlying diseases that cause discoloration and that dentists should be involved for safety reasons.

The state dental commission ruled in June that teeth whitening is dentistry, making non-dentists who perform it under certain circumstances subject to fines or prison time. Those circumstances include performing teeth whitening if the procedure involves diagnosis, evaluation, prevention or treatment of discoloration or another condition.

The ruling does not prohibit non-dentists from selling teeth-whitening gels and notes that cases will be judged based on overall circumstances. But it says that applying tooth whitening gel to another person constitutes dentistry, as does providing personalized instruction to a customer based on an assessment, and supervising the use of tooth bleaching or lightening fluids, pastes, gels, solutions or other whitening agents.

Under the ruling, non-dentists who perform those services would be in violation of state law.

The seven-member panel that issued the ruling included six dentists and one public member, and Sherman said the ruling was a way for licensed dentists to avoid competition.

“The Constitution protects the right to earn an honest living free from unreasonable or arbitrary government interference,” said Sherman, who represents Barraco, his business partner, Tasos Kariofyllis, and Lisa Martinez, who ran a teeth whitening business at the Crystal Mall in Waterford that shut down after the commission’s ruling.

Sherman said several other states have also moved to restrict teeth whitening businesses. “This is a growing problem nationwide,” he said. “We’re seeing dentists trying to stamp out competition in the teeth whitening industry.”

Barraco sees it as a price issue, since his customers were paying far less than what a dentist would charge. Before the ruling, his customers would buy the product, a mouth tray, and time in front of a light in the salon, where they could use it. Barraco noted that clients used the products by themselves and said his business shouldn’t be considered dentistry.

“All we’re looking for is to operate in this state and sell our products in this state,” he said. “In this economy, you’re looking for a good price and there are a lot of people out of work, and the first thing when you go into a job interview is people look at your face.”

But Dr. Jeanne Strathearn, chairwoman of the commission and a West Hartford dentist, said the ruling was not a way for dentists to keep the business to themselves.

“We’re not trying to restrain trade. We’re not trying to stop anyone from doing any practices,” Strathearn said. Instead, she said, the commission is concerned about non-dentists performing dental procedures that carry inherent risk.

Strathearn said the action on teeth whitening stemmed from complaints to the state Department of Public Health. “We have not specifically had any cases brought to us where there was harm done, but there has been harm done in the past,” she said.

The ruling cited potential risk to patients from tooth whitening products, including tooth sensitivity and tissue burns from the chemicals in whitening products and risks associated with the use of light in office bleaching procedures.

“The decision of whether to recommend or apply bleaching agents and/or bleaching lights to a particular person’s teeth requires significant diagnostic expertise and skills, in part, to allow the provider to distinguish between pathological versus non-pathological causes of teeth discoloration,” the ruling said.

Dr. Jon Davis, a Fairfield dentist who testified before the dental commission on behalf of the Connecticut State Dental Association, said the concerns about teeth whitening done outside dental offices come down to safety and diagnosis.

A person considering teeth whitening should first have an exam to determine what caused the discoloration, he said, since a patient could have decay between their teeth that should be treated or staining that would likely not be removed by whitening.

The strength of the whitening product is also a concern, he said. As concentrations of carbomide peroxide in a whitening product increase, patients face a greater risk of irritation or burning of the gum tissues, but Davis said there is a risk even at the minimum concentration dentists use.

By contrast, Davis said, the teeth whitening products sold in stores are not as strong, and the association isn’t concerned about them.

“The important thing is that we’re not trying to squash it altogether,” Davis said. “We just want to make sure people are being treated safely and appropriately … and [providers] use material that you’re not going to do any harm with.”

In Strathearn’s practice, patients who are interested are first examined to make sure they’re proper candidates, she said. They’re then advised to start with Crest White Strips, an over-the-counter product that she said is mild, effective and does not cost a lot of money. If they like the results, patients can then receive additional whitening procedures.

Barraco said it’s valid for dentists to want patients to have an exam before having their teeth whitened. When his company sells products, customers are given a questionnaire that asks about several factors, including whether they are over 18, pregnant or breastfeeding, in good standing with their dentist or had oral surgery recently. If the answer indicates they aren’t in good standing with their dentist, or have another factor that could be a problem, he won’t sell it, nor would his former sales staff in the past. He noted that it’s a level of monitoring that does not apply to the teeth whitening products sold in drug stores.

The lawsuit will be filed against public health Commissioner Dr. Jewel Mullen and the members of the state dental commission.

Sign up for CT Mirror's free daily news summary.

Free to Read. Not Free to Produce.

The Connecticut Mirror is a nonprofit newsroom. 90% of our revenue comes from people like you. If you value our reporting please consider making a donation. You'll enjoy reading CT Mirror even more knowing you helped make it happen.

YES, I'LL DONATE TODAY

ABOUT THE AUTHOR

Arielle Levin Becker

SEE WHAT READERS SAID

RELATED STORIES
It’s time to standardize arts grants in Connecticut
by Mandi Jackson and Daniel Fitzmaurice

What all arts organizations need most right now is multi-year, unrestricted general operating support with simplified, fair processes for accountability. This would allow the arts community to better respond to the needs of Connecticut residents instead of the political process, lobbyists, or wealthy donors.

Accessory dwelling units are a good thing
by Toni Gold

Connecticut’s large, old houses are a resource that any town should treasure — not just for their charm and historical value, but because of their potential for adaptation. One tool that can help ensure the viability of these structures is zoning, and particularly zoning for accessory dwelling units (ADUs). There’s a movement to  legalize ADUs statewide. It’s a good idea whose time has come.

New Haven and Yale: Giamatti and DiLieto:  A historic moment? Or a model? 
by Neil Thomas Proto

The City of New Haven’s effort today to seek an increase in financial contribution from Yale is more historically justified than is often recognized.

As seniors complain of trouble scheduling COVID vaccines, Connecticut beefs up its appointment phone line
by Jenna Carlesso

Gov. Lamont praised Connecticut's efforts to vaccinate seniors but wasn't as eager to discuss problems with the state's appointment system.

Lamont to extend COVID emergency until April 20
by Mark Pazniokas

Unless a committee of 10 lawmakers votes to reject the declaration, it will take effect within 72 hours of signing.

Support Our Work

Show your love for great stories and outstanding journalism.

$
Select One
  • Monthly
  • Yearly
  • Once
Artpoint painter
CT ViewpointsCT Artpoints
Opinion It’s time to standardize arts grants in Connecticut
by Mandi Jackson and Daniel Fitzmaurice

What all arts organizations need most right now is multi-year, unrestricted general operating support with simplified, fair processes for accountability. This would allow the arts community to better respond to the needs of Connecticut residents instead of the political process, lobbyists, or wealthy donors.

Opinion Accessory dwelling units are a good thing
by Toni Gold

Connecticut’s large, old houses are a resource that any town should treasure — not just for their charm and historical value, but because of their potential for adaptation. One tool that can help ensure the viability of these structures is zoning, and particularly zoning for accessory dwelling units (ADUs). There’s a movement to  legalize ADUs statewide. It’s a good idea whose time has come.

Opinion New Haven and Yale: Giamatti and DiLieto:  A historic moment? Or a model? 
by Neil Thomas Proto

The City of New Haven’s effort today to seek an increase in financial contribution from Yale is more historically justified than is often recognized.

Opinion A call to save arms: is vaccination really the solution?
by Genevieve Diamant

Economic modelling done by professional statisticians is often used to claim that the ounce of prevention provided by a vaccine is much better than the pound of cure that well-funded hospitals, fully staffed with professional nurses and doctors, using effective pharmaceutical remedies, can provide. But is this actually true?

Artwork Grand guidance
by Anne:Gogh

In a world of systemic oppression aimed towards those of darker skintones – representation matters. We are more than our equity elusive environments, more than numbers in a prison and much more than victims of societal dispositions. This piece depicts a melanated young man draped in a cape ascending high above multiple forms of oppression. […]

Artwork Shea
by Anthony Valentine

Shea is a story about race and social inequalities that plague America. It is a narrative that prompts the question, “Do you know what it’s like to wake up in new skin?”

Artwork The Declaration of Human Rights
by Andres Chaparro

Through my artwork I strive to create an example of ideas that reflect my desire to raise social consciousness, and cultural awareness. Jazz music is the catalyst to all my work, and plays a major influence in each piece of work.”

Artwork ‘A thing of beauty. Destroy it forever’
by Richard DiCarlo | Derby

During times like these it’s often fun to revisit something familiar and approach things with a different slant. I have been taking some Pop culture and Art masterpieces and applying the vintage 1960’s and 70’s classic figures (Fisher Price, little people) to the make an amusing pieces. Here is my homage to Fisher -Price, Yellow […]

Twitter Feed
A Twitter List by CTMirror

Engage

  • Reflections Tickets & Sponsorships
  • Events
  • Donate
  • Newsletter Sign-Up
  • Submit to Viewpoints
  • Submit to ArtPoints
  • Economic Indicator Dashboard
  • Speaking Engagements
  • Commenting Guidelines
  • Legal Notices
  • Contact Us

About

  • About CT Mirror
  • Announcements
  • Board
  • Staff
  • Sponsors and Funders
  • Donors
  • Friends of CT Mirror
  • History
  • Financial
  • Policies
  • Strategic Plan

Opportunity

  • Advertising and Sponsorship
  • Speaking Engagements
  • Use of Photography
  • Work for Us

Go Deeper

  • Steady Habits Podcast
  • Economic Indicator Dashboard
  • Five Things

The Connecticut News Project, Inc. 1049 Asylum Avenue, Hartford, CT 06105. Phone: 860-218-6380

© Copyright 2021, The Connecticut News Project. All Rights Reserved. Website by Web Publisher PRO