SmileDirectClub Operates Illegal Dentistry Practice in California, Class Action Alleges

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SmileDirectClub has been hit with a proposed class action that claims the direct-to-consumer dental services company practices dentistry in California without authorization to do so.

The 26-page lawsuit more specifically alleges SmileDirectClub, Inc. and SmileDirectClub, LLC unlawfully provide services to patients through a teledentistry platform without the proper supervision and oversight of a licensed dentist. According to the case, the defendants have “put the desire for profit ahead of the health of the general public” and, as a result, harmed thousands of consumers who’ve experienced “the harmful effects of using [SmileDirectClub’s] services and its teledentistry services to straighten teeth.”

The plaintiff, a California resident, claims to have experienced “serious issues with his bite, the placement of his teeth, and [] significant pain and injury” as a result of using SmileDirectClub’s services.

As the case tells it, SmileDirectClub, whose storefronts were classified by the Dental Board of California as illegal dentistry practices, unlawfully provides dental services without having a licensed dentist involved “in every step of providing medical services.”  According to the complaint, SmileDirectClub does not conduct an initial exam of patients’ teeth, gums and mouths before discussing a diagnosis and treatment plan.

The suit also says the defendant practices dentistry without proper authorization to:

• Diagnose and treat malposed teeth;
• Indicate that they would construct, alter, repair or sell orthodontic products;
• Manage or act as manager, proprietor, conductor, lessor or otherwise for places where dental services were performed; and
• Advertise, fabricate, manufacture and sell orthodontic appliances to consumers when casts or impressions had not first been taken and the work authorized by a licensed dentist.

The lawsuit goes on to claim that SmileDirectClub has falsely represented that it owned dentists’ offices and mobile dental units. The defendant has also represented that patients’ smiles and mouths could be fixed without an initial exam and in-patient care “when that is not legal, nor practical,” the lawsuit alleges.

The case looks to represent anyone who has maintained an address in California with SmileDirectClub at any time since December 3, 2017, has not disclaimed California citizenship and enrolled to receive the defendants’ services.

Initially filed in Alameda County Superior Court, the lawsuit was removed to California’s Northern District Court on January 6, 2022.

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