In a unprecedented move, OrthoAccel Technologies, Inc, the makers of AcceleDent, have sent what amount to cease and desist letters via the Gardere Law Firm to orthodontists promoting the Propel product that recently entered the market to compete with AcceleDent. To my knowledge this type of intervention by one company against a rival manufacturer by threatening customers who use their product is new to orthodontics and the reaction has been unanimous. Orthodontists are outraged that OrthoAccel would threaten legal action against doctors for using a product. Furthermore the consensus among orthodontists is that OrthoAccel’s “scientific backing” of AcceleDent is questionable at best and they find it ironic that OrthoAccel would attack claims made by Propel. It is unclear how this will all shake out but OrthoAccel appears to be serious about defending what they believe is their property and Propel has stated that they will lend legal assistance to doctors who continue to use their product so this may take a while to play out. Whatever the result of the legal wrangling, it’s my opinion that OrthoAccel has unintentionally stepped on a PR land mine that was lying in plain view (or should have been obvious to anyone who knows this industry).
I reached out to OrthoAccel and CEO Michael Lowe responded thus:
“Thank you VERY MUCH for reaching out. You requested a comment from OrthoAccel about the dispute with Propel over its advertising and the letters sent to doctors who re-published on the internet the disputed Propel claims that are presently the subject of litigation. As you may not have known, OrthoAccel has sued Propel in federal court in Texas. A copy of the lawsuit is attached, so you can understand the nature of the dispute. If you have any more questions, let me know. I felt that full disclosure and providing the litigation vs. Propel itself would be far more meaningful than my opinion on the matter. I am hopeful and confident that you will portray us in a fair and equitable way with your views.”
I’ve uploaded the materials Michael Lowe sent to me and the links are here:
Gardere01 8728828_1 2016-05-24 [Doc 1-1] Civil Cover Sheet
AcceleDent Clinical Summaries.-1
Also here is the body of the letter sent to doctors. I’ve had to cut them down to remove names and the quality sucks but it’s what I have to give you.
As always I’m keen to hear your input. The next few months should be interesting.
It’s almost revisiting Invisalign v. OrthoClear and followed by Invisalign v. ClearCorrect… 🍿
Disgusting…. Where is the AAO legal council now?
And soon the 2 will merge.
Andre, I suppose that you were asking where is the AAO legal counsel now rather than council. I read the law suit and the portion of the cover letter sent to doctors provided by Ben. The copy of the lawsuit is clearly Acceledent suing Propel but not any doctors using Propel. The part of the letter to the doctors that Ben redacted only provides information disputing Propel’s claims for their products and there were no threats or lawsuit against doctors in the letter. There may be some threats against users but none is included on this version of orthopundit. AAO legal counsel has no business at all becoming involved in a lawsuit between two companies selling competing orthodontic products to dentists disputing claims of efficiency. If Acceledent is indeed going to sue AAO members for buying Propel products then it would be appropriate for the AAO to become involved. That has not been established at this time. Sueing AAO members for using a competing product would indeed be disgusting but has it occurred? Suggest that all remain clam until there is evidence of actual lawsuits against AAO members.
Mel I welcome you to publish a full letter sent to a doctor from AcceleDent if you have one to publish. I’m limited in what I can publish based on who gave me the letter and what they said I could do with it.
So are you saying that doctors who received this letter from OrthoAccel have nothing to worry about and should proceed as they have? What do you think this letter is suggesting will happen if they do? It’s easy to advise “clam” when you’re not the one on the receiving end of this letter but those who have gotten one are understandably upset. If you really think that this letter does not indicate that OrthoAccel is threatening to take action against doctors who don’t take down their promotion of the Propel product then I have some oceanfront property in Arizona I’d like you to take a look at…