A major dental company – used by celebrities including Billie Eilish – is suing a rival over claims about deceptive pricing and treatment promises.
Clear aligner brand Invisalign is suing rival company Smile Direct Club in the Federal Court of Australia for “misleading or deceptive” conduct.
The companies both provide clear plastic aligners to customers.
Invisalign said in court documents its treatment is made available after an in-person consultation with a dentist xjmtzywor orthodontist and involves scans and dental X-rays.
It also uses “attachments” to provide more force and control over teeth movement than just the trays, according to the concise statement.
However, Smile Direct Club does not require an assessment with an orthodontist or dentist, however, clients need to attend a “smile shop” for a scan or create an impression using a kit which the company provides.
Invisalign alleged in court documents its rival – who has operated in Australia since 2019 – engaged in “misleading or deceptive” conduct in relation to costs and treatment claims.
The costs for customers using Smile Direct Club – $2825 upfront or $3155 through instalments – were “false, misleading or deceptive” because they did not include the price of impression kits, retainers or international transaction fees, according to Invisalign.
It also alleges its competitor’s claims on Instagram that treatment costs less than $4 a day for a period of six months is misleading because that figure was significantly less than the total price.
Invisalign claimed in court documents Smile Direct Club made deceptive claims in relation to how successful it was for patients compared to “traditional” treatment such as braces or its aligners.
The Smile Direct Club treatment does not use attachments or bands to align, rotate or level teeth and cannot be used on patients with “moderately complex” misaligned teeth, according to court documents.
It is also not comparable to Invisalign or braces and the claims were deceptive because it was a “cosmetic rather than comprehensive treatment”, according to court documents.
But in its response, Smile Direct Club denies it was false, misleading or deceptive about the total price of treatment.
In relation to the less than $4 a day claim on Instagram, the company said in documents it qualified that on its website, which was based on the price of paying monthly instalments divided by 30 days.
The company also argues the absence of attachments or bands does not impact the outcome of treatment and does not claim to be able to treat people with complex misalignment issues.
It also denies that it was cosmetic rather than comprehensive.
The matter will go to court at a later date.
