NARB Recommends SmileDirectClub Discontinue Claims That Clear Aligners Deliver Results '3x Faster Than Braces' and '3x Sooner Than Braces'
New York, NY – October 5, 2020 – A panel of the National Advertising Review Board (NARB), a division of BBB National Programs, has recommended that SmileDirectClub, LLC (SDC) discontinue the claims “We’re 3x Faster than Braces” and “Get a smile you’ll love, 3x sooner than braces.”
The advertising at issue, as well as other claims, had been challenged by the American Association of Orthodontists before the National Advertising Division (NAD). Following NAD’s decision (Case No. 6382), SDC appealed NAD’s findings regarding the 3x claims.
SDC maintained that it had withdrawn the challenged “We’re 3x Faster than Braces” claim prior to the NAD proceeding and that the claim was replaced by the claim “Get a smile you’ll love, 3x sooner than braces.” Although SDC argued that the current claim has a different meaning, the NAD found, and the NARB panel agreed, that the two versions of the 3x claim convey the same comparative message to consumers.
The NARB panel concluded that the 3x claims are unsupported and should be discontinued. The panel did not accept that the computer-based analysis conducted at the initiation of the advertiser’s aligner therapy was a sufficient basis for determining the typical length of times under the SDC program to reach a satisfactory result. Further, the panel did not accept that the advertiser has reliable data for the duration of braces therapy.
SmileDirectClub stated that it will comply with the NARB’s decision. However, SDC noted that it believes it “was not given a fair opportunity to address the NAD’s concerns regarding substantiation for the relevant claim” and that it may petition to reopen the underlying NAD case based on additional evidence, including data and information on its internal treatment times, as well as the results of a new independent research study regarding treatment times for braces.
The advertising at issue, as well as other claims, had been challenged by the American Association of Orthodontists before the National Advertising Division (NAD). Following NAD’s decision (Case No. 6382), SDC appealed NAD’s findings regarding the 3x claims.
SDC maintained that it had withdrawn the challenged “We’re 3x Faster than Braces” claim prior to the NAD proceeding and that the claim was replaced by the claim “Get a smile you’ll love, 3x sooner than braces.” Although SDC argued that the current claim has a different meaning, the NAD found, and the NARB panel agreed, that the two versions of the 3x claim convey the same comparative message to consumers.
The NARB panel concluded that the 3x claims are unsupported and should be discontinued. The panel did not accept that the computer-based analysis conducted at the initiation of the advertiser’s aligner therapy was a sufficient basis for determining the typical length of times under the SDC program to reach a satisfactory result. Further, the panel did not accept that the advertiser has reliable data for the duration of braces therapy.
SmileDirectClub stated that it will comply with the NARB’s decision. However, SDC noted that it believes it “was not given a fair opportunity to address the NAD’s concerns regarding substantiation for the relevant claim” and that it may petition to reopen the underlying NAD case based on additional evidence, including data and information on its internal treatment times, as well as the results of a new independent research study regarding treatment times for braces.