SmileDirectClub is a national company specializing in DIY teeth-straightening, which has been the subject of growing litigation regarding allegations of the unlawful practice of dentistry. According to a policy passed by the 2017 American Dental Association (“ADA”) House of Delegates through Resolution 50H-2017, the practice of do-it-yourself orthodontics is “strongly discourage[d]” by the ADA because of the potential for harm to patients. The ADA also “strongly discourages the practice of direct to the consumer (DTC) dental laboratory services because of the potential for irreversible harm to patients,” according to a policy adopted by the House of Delegates through Resolution 2H-2018.
Moore Kuehn recently filed a class action on behalf of consumers against SmileDirectClub for violations of New York General Business Law §§ 349 and 350, breach of implied warranty, violations of the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301, et seq., negligence, strict liability, failure to warn, breach of contract, and unjust enrichment. Moore Kuehn has experience in bringing cases against dental companies like these for consumers. If you have been injured or suffered from using these products, please contact Justin Kuehn at jkuehn@moorekuehn.com
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