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ARTICLE · 08 OCTOBER 2020

NARB Affirms NAD's Recommendation In Teeth Aligner Case

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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This summer, we wrote about NAD's decision in SmileDirectClub (as well as another case brought against the advertiser).

United StatesMedia, Telecoms, IT, Entertainment

This summer, we wrote about NAD's decision in SmileDirectClub (as well as another case brought against the advertiser). In its June 2020 opinion, NAD recommended that SmileDirectClub ("SDC") discontinue claims that its teeth aligner system is "3x faster than braces," finding that SDC could not properly substantiate the claim.

Now, NARB has upheld NAD's decision. In the panel opinion, NARB agreed that SDC's substantiation was insufficient to support the claim. 

SDC provided two studies of patient records for individuals treated with braces, and compared the data to SDC's own data it generates through a third party software that predicts the length of time a consumer will need to use prescribed aligners. SDC argued that the resulting time differentials provided the substantiation necessary for a "3x faster" claim.  

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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