NAD has released its third case evaluating teeth aligner claims this year (its second against advertiser
While SDC argued that NAD should administratively close the portion of the challenge related to the "3x faster than braces" claim because it had permanently discontinued the claim, NAD noted that SDC was still running a modified claim of "3x sooner than braces," and chose to evaluate the modified claim because "the words 'fast' and 'soon' are synonyms." Ultimately, NAD determined that SDC had not provided substantiation for the reasonable consumer takeaway that the "'typical' SDC consumer would obtain the same results for a similar level of treatment in one third of the time it would take for a 'typical' braces patient to obtain the same results." NAD found that the evidence provided (internal data from SDC's customer data base and a
NAD also recommended SDC discontinue its claim that SDC customers (who are treated via teledentistry) receive "the same level of care from a treating dentist or orthodontist as an individual visiting a traditional orthodontist or dentist for treatment" because SDC did not provide sufficient evidence to support the takeaway that "physical separation does not inhibit its providers from delivering the same level of care as would be experienced through in-person treatment." SDC submitted evidence regarding certain time periods for care, and cited to news articles discussing telemedicine generally, but NAD determined it could not draw any conclusions about the advertiser's claim or the level of care provided through in-person orthodontic treatment from these materials.
NAD did find that SDC's "risk-free" claims were properly supported. The advertiser established that in the
NAD also addressed a few pricing claims. While SDC represented its "60% lower" claim was voluntarily discontinued, NAD did evaluate its "
SDC stated that it will appeal portions of NAD's decision to NARB.
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