This is a class action lawsuit against Align Technology, Inc. on behalf of purchasers of Invisalign® removable dental appliances made of a plastic resin (Aligners) advertised and promoted to treat patients with orthodontic or restorative dentistry issues marketed by Defendant as an alternative to traditional metal braces, which claims its -treatable cases- include “serious malocclusionl.”
As alleged, the Invisalign® system does not treat Plaintiff and class members’ malocclusions, which require other dental procedures to correct their dental condition such as crowns. Defendant offers its Invisalign® system of aligners to treat the misalignment of teeth and malocclusions through dentists and orthodontists that work in conjunction with defendant’s trained specialists leading consumers to believe that the Aligners would cure their dentistry issues such as malocclusions. In actuality, the Aligners cannot treat malocclusions.
Defendant has utilized and utilizes misleading marketing practices as a means of promoting the Aligners without the capacity to perform as claimed. Moreover, Defendant has also falsely advertised, misled and deceived consumers like Plaintiff into believing the Invisalign® system can treat their malocclusions to their detriment. These misrepresentations play a substantial part in influencing Plaintiff’s and other consumers’ decisions to purchase the falsely advertised and marketed aligners, decisions made upon reliance on defendant’s misrepresentation prominently displayed in its advertising, including brochures placed in dentists and orthodontists offices, advertisements, and on its website, www.invisalign.com.
Defendant has received warning letters from the Food and Drug Administration (“FDA”) in connection with the advertising and marketing of its Aligners based on its failure to inform the public of some severe side effects caused from wearing the Aligners.