SmileDirectClub to adjust pricing claims after latest ad challenge from Align Technology

The National Advertising Division of the Better Business Bureau National Programs recommended SmileDirectClub modify its advertising claims about the cost of its treatment compared to Invisalign. 

Nine notes: 

1. The recommendations surround SmileDirectClub's claim that its teledentistry treatment costs 60 percent less than Align Technology's Invisalign treatment. 

2. The NAD stated SmileDirectClub's claims were overly broad and recommended that SmileDirectClub modify the claim to disclose that its clear aligners do not correct the same range of issues Invisalign might. 

3. The recommendations follow two prior decisions dating back to 2020, when Align Technology challenged SmileDirectClub's  "60 percent less than braces" and "60 percent less than other brands" claims.

4. SmileDirectClub was asked to modify its claims in 2020 to not mislead consumers but then asked the NAD to reopen the case in 2021 after it gathered supporting evidence in a survey of 200 practicing orthodontists, according to a July 21 news release. 

5. The NAD decided in the reopened case that SmileDirectClub's survey constituted reliable evidence, but its "60 percent less than braces" claim was broad and asked the teledentistry company to provide disclosures in its advertising and discontinue its "60 percent less than other brands" claim because its survey did not ask respondents which brand of aligners they prescribe.

6. SmileDirectClub agreed to comply with the 2021 decision.

7. Align Technology issued another challenge against SmileDirectClub's new "60 percent less than Invisalign" advertising claim launched after the 2021 decision. 

8. The NAD concluded that SmileDirectClub's "60 percent less than Invisalign" claim was overly broad despite disclosures included with the advertising.

9. SmileDirectClub said it disagrees that its claim is overly broad but will comply with the NAD's recommendations. 

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