American Optometric Society seeks permanent injunction

Article

In an effort to convince optometrists to become board certified, the American Board of Optometry has engaged in deceptive and false advertising and unfair competition, according to a lawsuit filed by the AOS against the ABO.

The suit, filed in the U.S. District Court for the Central District of California, arose from statements the ABO made on it its Web site, http://www.americanboardofoptometry.org/, including use of the ABOVE acronym, which stands for American Board of Optometry Verification of Excellence. Specifically the ABO stated that ABO-certified doctors:

"This misleads the public because it implies training and knowledge that a 'merely licensed' optometrist does not have. So, the fact that the 'ABOVE' message is gone does nothing to mitigate the basis for the lawsuit," added Craig S. Steinberg, OD, JD, general counsel for the AOS who filed the suit.

For these reasons, the AOS is seeking an injunction to permanently cease and desist this type of advertising.

The ABO has discontinued use of the ABOVE acronym, but the AOS remains concerned about the use of similar messages in the future. "Just because it is currently changed or removed from the ABO site does not mean it cannot be placed back on unless there is a permanent injunction," Dr. Miller said.

In fact, the suit states that the AOS' membership will suffer competitive harm, as a result of ABO advertising. At the same time, by making ABO certification a necessity to remain competitive, the ABO will increase the sales of its own products and services, the suit charges.

ABO Chairman David Cockrell, OD, declined to comment on the specifics of the pending litigation. He did, however, deny the allegations against the ABO and stated that the ABO plans to "vigorously defend its position."

Newsletter

Want more insights like this? Subscribe to Optometry Times and get clinical pearls and practice tips delivered straight to your inbox.

Recent Videos
Matt Jones, OD; Matt Burns, OD; and Joe Sugg, OD; detailed what optometrists can expect to change when HB 1353's regulations are enacted later this year.
Arkansas Optometric Association legislative cochairs Matt Jones, OD; Matt Burns, OD; and Joe Sugg, OD, discuss their involvement in their bill and provide context for its relevance.
Elise Kramer, OD, FAAO, FSLS, describes her take on a multidisciplinary approach to dry eye
Dana Shannon, OD, FAAO, shares pearls on spotting red flags in need of referral and enhancing patient care with follow-up compliance.
Dana Shannon, OD, FAAO, detailed a lecture she gave at the NOA Midwestern Symposium earlier this month.
CRU 2025 provided the latest insights regarding glaucoma, dry eye disease, retina, myopia, neurotrophic keratitis, and keratoconus.
Rachelle Lin, OD, MS, FAAO
Paul Karpecki, OD, FAAO
Melissa Barnett, OD, FAAO, FSLS, FBCLA, gave 2 presentations alongside other ODs and MDs at CRU 2025.
Rachelle Lin, OD, MS, FAAO, at CRU Eye Symposium 2025
© 2025 MJH Life Sciences

All rights reserved.