According to this recent article from the Institute for Justice the District Court of Oklahoma County has ruled that Casket of Honors owners Candice Mentink and Todd Collard may proceed with their case against the Oklahoma Funeral Board for the right to sell caskets in Oklahoma without a valid Oklahoma funeral directors license.

 

Their lawsuit, which was filed in February 2026 states, among other issues that “The (current) law, named the Funeral Services Licensing Act, gives exclusive economic privileges to members of the funeral industry and imposes unreasonable burdens on the couple” and their business of selling customized, themed, wrapped caskets directly to the public.

 

This article from Oklahoma Voice also states “The state requirements have no substantial relationship to public health, safety or welfare and do not advance a legitimate government interest, the suit alleges, adding that the state doesn’t regulate caskets.”

 

Mentink and Callard are “. . .asking that the law not be enforced and be found unconstitutional after efforts to eliminate the requirement failed in the Oklahoma Legislature.”

 

The State of Oklahoma, represented by its Attorney General counters by saying, “the law was necessary to protect consumers and the intrastate funeral industry.“

 

Funeral Director Daily take:  I’ll preface this by saying I’m not an attorney and maybe I’m in the minority but I have a hard time in seeing how this current law is constitutional.  In my way of thinking I cannot see any mode of public health being helped by only allowing licensed funeral directors to sell a commodity item, such as a casket.

 

I get that licensed funeral directors should be the only ones to prepare and handle deceased human bodies.  There is a common sense reality to that situation where the threat of disease or other public health issues can come into play.  But in almost all other states, consumers have the right to purchase caskets online from companies such as Titan Casket and/or buy from retail establishments such as Costco (where available).

 

I checked in my home state of Minnesota and there are specific laws relating to the practice of dentistry and optometry/opthalmology that require professional licenses for certain aspects of those businesses.  However, the sale of prescription glasses (with a valid prescription from an licensed professional) and the sale of toothbrushes and toothpaste are not regulated or required to be done only by licensed personnel.

 

As a young child I spent a lot of time at my father’s attorney’s office. . . . Not because my dad was a frequent client but simply because they were good friends and enjoyed morning coffee together.  I was always struck by a picture of President Abraham Lincoln in that office that had the following saying attached to it, “A lawyer’s time and advice are his stock in trade”.

 

 

You might change that saying to say “Time, advice, and technical skills” are a funeral director licensee’s stock in trade to make it similar to the attorney saying.  I don’t think it would ever say, “Selling caskets is a funeral director’s stock in trade”.  I also don’t think many funeral directors would want it to say that.  When funeral directors shield themselves from competition, such as I believe is being done with the Oklahoma law, in my opinion it only cheapens what our license stands for and creates animosity among consumers for the role of funeral directors.

 

I’m of the belief that licensed funeral directors give great service and should be paid for that knowledge when helping families.  Caskets, vaults, urns, video remembrances, thank you cards, register books and the like should be available and convenient to be purchased from the funeral home, but should not be required by law to be purchased there.  Again, in my opinion, if you love living in a capitalist society, that only makes sense.

 

I solved this problem at our funeral home over 30 years ago by drastically raising our service charges and then pricing the caskets we had on the floor at the wholesaler’s cost.  We sold to the consumer at that wholesale cost, but kept a small margin that only equaled our quantity and prompt payment discounts.

 

And, over the years, nobody ever complained about our service charge as long as we provided the services to back up that price point. . . . . and nobody could ever undercut us on casket prices.

 

More news from the world of Death Care:

• Human composting request comes to county.  OC Today-Dispatch  (MD)
• How do you want to be buried?  U.S. Catholic
• Kowloon Funeral Parlor (Hong Kong) sold for US $60.3 million in deal involving Bruce Lee Memorial site.  The Standard (Singapore)

 

Enter your e-mail below to join the 3,482 others who receive Funeral Director Daily articles daily

 

“A servant’s attitude guided by Christ leads to a significant life”