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MARTINEZ v. MULLEN

No. 3:11-cv-01787 (MPS).

11 F.Supp.3d 149 (2014)

Lisa MARTINEZ and Sensational Smiles, LLC d/b/a Smile Bright, Plaintiffs, v. Jewel MULLEN, Jeanne P. Strathearn, Lance E. Banwell, Elliot S. Berman, Peter S. Katz, Steven G. Reiss, Barbara B. Ulrich, and Martin Ungar, Defendants.

United States District Court, D. Connecticut.

Signed March 28, 2014.

Attorney(s) appearing for the Case

Dana Berliner, Paul M. Sherman, William H. Mellor, Arlington, VA, Scott William Sawyer, New London, CT, for Plaintiffs.

Daniel R. Shapiro, Attorney General's Office, Hartford, CT, for Defendants.

MEMORANDUM OF DECISION

MICHAEL P. SHEA, District Judge.

This case, which involves the State of Connecticut's regulation of teeth-whitening services provided by non-dentists, illustrates the great deference courts must afford governmental regulation under the doctrine known as "rational basis scrutiny." The governmental regulation at issue here is a rule that only a licensed dentist may shine a "light emitting diode" ("LED") lamp at the mouth of a consumer...

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