FTC bans Alabama dental board from limiting clear aligner competition

The Federal Trade Commission approved a final order settling charges that the Alabama Board of Dental Examiners violated antitrust laws by requiring dentists be onsite to supervise tooth alignment scans, according to a Dec. 21 news release.

According to the settlement, the dental board — a state agency made up of six licensed dentists and one licensed dental hygienist — must no longer impede clear aligner platforms or affiliated dental professionals from providing clear aligner therapy via remote treatment. The board must also notify the FTC of any changes to its rules related to intraoral scanning or clear aligners.

In 2017, after companies such as SmileDirectClub and Candid started offering lower-cost clear aligner therapy through teledentistry platforms, the board amended a rule to prohibit dental hygienists and other non-dentist practitioners from performing inner mouth scans without on-site dentist supervision. In September 2021, the dental board agreed to settle FTC charges that it unreasonably excluded online and teledentistry providers from competition.

The FTC voted 4-0 to approve the final order, a step it took following a public comment period.

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