Invisalign accuses SmileDirectClub of falsely advertising care from real dentists

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SmileDirectClub lawsuit overview:

• Who: The creators of Invisalign filed a lawsuit against SmileDirectClub.
• Why: SmileDirectClub allegedly falsely advertises that its clear plastic aligners will straighten teeth under the supervision of real dentists.
• Where: The Invisalign lawsuit was filed in California federal court.

The creators of the Invisalign teeth correction system allege in a lawsuit that competitor SmileDirectClub falsely advertises its affiliation with real dentists and orthodontists.

Align Technology Inc. filed the lawsuit Jan. 3, claiming that SmileDirectClub “is a company built on a lie.”

The lawsuit claims SmileDirectClub advertises its services with fraudulent claims, leading consumers to believe that its patients receive real medical care from dentists and orthodontists.

It also names SmileDirectClub investors and principals are also named as defendants.

SmileDirectClub falsely advertises product as equivalent to Invisalign, lawsuit claims

The Invisalign lawsuit says the Invisalign system “empowers dentists and orthodontists” to straighten teeth with clear plastic aligners instead of wire-and-bracket braces.

SmileDirectClub allegedly launched a direct-to-consumer teeth alignment system that purported to offer patients an equivalent product that used real dentists to monitor and treat customers virtually.

However, some SmileDirectClub patients allegedly attempted to reach out to their assigned dentist only to find that the dentist denies they are an actual patient. When they consult with a real dentist or orthodontist to fix the damage caused by SmileDirectClub aligners, the dentists have allegedly been “appalled” that the patients were approved for treatment, according to the lawsuit.

SmileDirectClub allegedly forces dissatisfied customers to sign non-disclosure agreements and agree to arbitration to resolve disputes if they want a refund, using these “legal tricks to keep them quiet.”

The SmileDirectClub lawsuit claims the defendants deceive federal regulators, shareholders and insurance companies about the effectiveness of its alignment systems.

Align Technology alleges the SmileDirectClub’s false claims have not only caused significant harm to its patients but also caused a drop in Invisalign sales. It claims SmileDirectClub has spent tens of millions of dollars targeting potential Invisalign customers with false representations.

The Invisalign lawsuit asserts claims for false advertising, unfair competition, wire and mail fraud and violations of Arizona’s anti-racketeering law.

Align Technology itself is facing a class action lawsuit alleging it monopolized the market for invisible plastic aligners.

Have you used Invisalign or SmileDirectClub invisible plastic aligners? Tell us what you think of the SmileDirect lawsuit in the comments!

Align Technology is represented by Clement L. Glynn and Adam M. Rapp of Glynn Finley Mortl Hanlon & Friedenberg LLP and Rebecca Weinstein Bacon, Luke C. Beasley, Jameson R. Jones and Joseph W. Doman of Bartlit Beck LLP

The SmileDirectClub lawsuit is Align Technology Inc. v. SmileDirectClub LLC, et al., Case No. 3:23-cv-00023, in the U.S. District Court for the Northern District of California.

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