On May 31, 2013, the 4th Circuit ruled in favor of the Federal Trade Commission that the state action doctrine did not immunize efforts by North Carolina’s State Board of Dental Examiners (the Board) to prohibit nondentists from offering teeth whitening services. The FTC had previously ruled that the North Carolina Board’s actions had a tendency to harm competition by resulting in higher prices and less consumer choice. On appeal to the 4th Circuit, the Board argued that because the dental board was an entity created by state law and given the authority to regulate the practice of dentistry, the state action doctrine applied. The 4th Circuit, however, ruled that there was not sufficient state supervision to qualify for antitrust immunity under the state action doctrine. The 4th Circuit also affirmed the FTC’s ruling in all other respects.