Infringement notice issued to EZ Smile by ACCC

EZ Smile, which offers teeth straightening services using clear aligners sold directly to consumers through its website, has paid a penalty of $12,600 to the ACCC. The ACCC issued an infringement notice as representations on EZ Smile’s website claimed Australian orthodontists were involved in its teeth straightening services - EZ Smiles' clear dental aligners are in fact manufactured in China.

“The ACCC alleges that EZ Smile made a false or misleading representation on its website that its teeth straightening treatment plans were supplied by dental professionals, including orthodontists who were registered in Australia, or otherwise subject to Australian health regulation standards, when that was not the case.

“We allege this representation was likely to mislead consumers and limit the extent to which they could make a fully informed decision about using EZ Smile’s services,” ACCC Commissioner Sarah Court said.

“This is a relatively new market, and this enforcement action and resulting penalty should serve as a warning to other businesses in this market that it is unacceptable to mislead consumers.”

In December 2019, the ASO and the ADA wrote to the ACCC and AHPRA to raise concerns around the supply of direct to consumer orthodontic services in Australia by online providers of direct to consumer aligners.

The ASO strongly urges consumers to be wary of the safety risks of direct to consumer clear aligner orthodontic products which are provided without also offering any in person consultation with an orthodontist or dentist prior to commencing treatment.

The ASO and ADA have raised concerns regarding misleading information published on a number of direct to consumer company websites, as well as the safety risks associated with these products and the direct to consumer treatment model.

Moving teeth is a healthcare procedure and should involve the in person supervision of a specialist orthodontist to ensure treatment is carried out safely and effectively. These kinds of products can lead to significant dental problems and the costs involved in repairing the damage can far outweigh the initial investment.

EZ Smiles' clear dental aligners are in fact manufactured in China.

EZ Smile removed the statements on its website in April 2020.

View the ACCC media release here