20 August 2021

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SmileDirect wins appeal vs Alabama Board of Dentistry

Katherine E. Pfaff

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Oral care company, SmileDirectClub, Inc. won a recent court decision with the US Court of Appeals for the 11th Circuit. The move denied an interlocutory appeal by the Alabama Board of Dentistry and granted SmileDirect’s motion to dismiss the appeal.

“SmileDirectClub is pleased with the Appellate Court’s decision, and we are grateful for the amicus support of the FTC and DOJ in this matter,” said Susan Greenspon Rammelt, SmileDirectClub’s chief legal officer and EVP of business affairs, in a statement. “For the past seven years, the company has been working to democratize access to premium, oral care, and although it is always our preference to work with and educate dental boards and associations on the many benefits of our telehealth platform, we cannot and will not allow anticompetitive conduct to interfere with our mission.”

The appeal came after a ruling in the case of SmileDirectClub, LLC v. Georgia Board of Dentistry et al. (case number 19-12227) which found for SmileDirect. The suit alleged, among other things, antitrust and violation of equal protection and due process and was brought against the Georgia Board of Dentistry and its individual members.

In January 2018, the Georgia Board of Dentistry amended its rule 150-9-02 regarding the duties of dental assistants to include digital scans for orthodontic appliance fabrication be conducted under the supervision of a dentist as well as evaluation, diagnosis, and completion of the appointment. The change would require the entire process of being evaluated for SmileDirect at one of its “SmileShop” locations to occur under the supervision of a dentist.

Source: https://www.globenewswire.com/news-release/2021/07/29/2271720/0/en/SmileDirectClub-Receives-Another-Favorable-Ruling-from-11th-Circuit-Court.html

And: https://law.justia.com/cases/federal/appellate-courts/ca11/19-12227/19-12227-2020-08-11.html