NEW YORK, March 2, 2021
/PRNewswire/ -- The National Advertising Division (NAD) of BBB
National Programs determined that the American Association of
Orthodontists (AAO) supported its implied claim that
SmileDirectClub, LLC's retail stores lack on-site medical
professionals. However, NAD has recommended that AAO discontinue
implied claims, and certain videos containing such claims, that
SmileDirectClub's direct-to-consumer:
- Teledentistry platform is risky, dangerous and ineffective, and
that medical professionals are not involved throughout
SmileDirectClub's treatment process.
- At-home dentistry kit is difficult to use.
- Aligner product is ineffective.
The claims were challenged by SmileDirectClub, LLC, which
provides orthodontic services through its direct-to-consumer
teledentistry platform enabling consumers to straighten their teeth
using clear plastic aligners from home.
The advertising campaign under review was launched by AAO, the
world's oldest and largest dental specialty organization
representing nearly 19,000 orthodontists in the United States, Canada, and abroad. AAO's Happy Mouth Now
advertising campaign, consisting of 4 videos and a related
microsite, was created to raise public awareness of the dangers
posed by direct-to-consumer and do-it-yourself orthodontics.
The issue before NAD was whether the Happy Mouth campaign
falsely conveys disparaging messages about SmileDirectClub's
direct-to-consumer teledentistry platform. NAD reviewed AAO's
videos, each of which ends with AAO's name and logo as well as the
tagline "some things are best left to the professionals," and the
microsite to determine the messages reasonably conveyed and whether
such messages were properly supported.
NAD determined that the video titled "Original Advertisement"
communicated the unsupported messages that SmileDirectClub's
direct-to-consumer teledentistry platform is risky due to the
absence of in-person medical oversight, and that the at-home
impression kit is difficult for consumers to use on their own.
Therefore, NAD recommended that the advertisement be discontinued,
along with such claims.
Regarding the "Store Advertisement" video, NAD concluded that
the evidence in the record supported the claim that
SmileDirectClub's retail shops lack on-site medical professionals,
but cautioned the advertiser against making the unsupported, broad
claim that medical professionals are generally not involved
throughout SmileDirectClub's entire treatment process.
NAD determined that video "Testimonial Advertisement"
communicated the unsupported message that SmileDirectClub's
direct-to-consumer aligner product is ineffective and recommended
that the advertiser discontinue this claim, but otherwise
determined that this advertisement is puffery.
Further, NAD recommended that the advertiser discontinue the
"Happy Eyes Now and Happy Bones Now Advertisement" video, as well
as the unsupported claims that SmileDirectClub's direct-to-consumer
teledentistry platform is dangerous and ineffective.
Finally, NAD determined that the microsite reasonably
communicates the messages that medical professionals are generally
not involved throughout SmileDirectClub's direct-to-consumer
teledentistry treatment process, and that using SmileDirectClub's
teledentistry platform is risky. The evidence in the record did not
reliably support either of these messages, therefore NAD
recommended that such claims be discontinued.
In its advertiser statement, AAO stated that although it
"respectfully disagrees with many of NAD's conclusions, AAO will
comply with the NAD's recommendations."
All BBB National Programs case decisions can be found in the
case decision library.
About BBB National Programs: BBB National Programs
is where businesses turn to enhance consumer trust and consumers
are heard. The non-profit organization creates a fairer playing
field for businesses and a better experience for consumers through
the development and delivery of effective third-party
accountability and dispute resolution programs. Embracing its
role as an independent organization since the restructuring of the
Council of Better Business Bureaus in June
2019, BBB National Programs today oversees more than a dozen
leading national industry self-regulation programs, and continues
to evolve its work and grow its impact by providing business
guidance and fostering best practices in arenas such as
advertising, child-directed marketing, and privacy. To learn
more, visit bbbprograms.org.
About the National Advertising
Division: The National Advertising Division (NAD), a
division of BBB National Programs, provides independent
self-regulation and dispute resolution services, guiding the
truthfulness of advertising across the U.S. NAD reviews national
advertising in all media and its decisions set consistent standards
for advertising truth and accuracy, delivering meaningful
protection to consumers and leveling the playing field for
business.
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