Class Action Against Invisalign: What’s It All About?

Given a choice between having metal brackets and wires in your mouth versus using a removable, custom-molded plastic tray to straighten your teeth, would you wear traditional braces or clear aligners? For the over 13 million people who have used Invisalign, wearing clear aligners is easily the better option of the two.

Invisalign is deemed superior to other orthodontic treatments because it is transparent and virtually invisible. It is also removable and easy to clean. Plus, it does not come with food restrictions, which are typical with metal wires that may break while chewing or metal brackets that can detach from the teeth. Being both inconspicuous and convenient must be why, 25 years since its development, Invisalign remains the preferred choice for most adults and teenagers. It also helps that Invisalign is popular among celebrities and has a strong and well-marketed digital and social media presence.

            However, Align Technology, the medical device company that manufactures and distributes the Invisalign clear aligners system, its compatible iTero intraoral scanners, and the exocad CAD/CAM software widely used in digital orthodontics, has been slapped with class action lawsuits by investors and consumers alike. 

            Investors sued Align Technology in 2018, alleging that the company issued positive statements concerning its operations, prospects, and business challenges, which were false or misleading. The released information encouraged investors to buy Align Technology stocks whose prices eventually plummeted. This lawsuit was only resolved in 2021 after Align Technology agreed to a settlement amounting to $16 million in order to recompense those who bought company shares and suffered monetary losses during the period indicated in the lawsuit. Another class action lawsuit against the makers of Invisalign was filed in 2021 and alleged that Align Technology has created a monopoly in the clear aligner market ever since 2017 when it was first launched. It also detailed that the illegal practices of the company caused consumers to overpay by about $8,000 for each Invisalign system. The lawsuit specifically accused Align Technology of violating U.S. antitrust laws and consumer rights with price-fixing and implementing anti-competitive tactics. One such example is the alleged agreement between Align Technology and its competitor SmileDirectClub to not penetrate each other’s markets, with Align Technology not competing in the direct-to-dentist market and SmileDirectClub not competing in the direct-to-consumer market. Another allegation is how Align Technology refused to accept Invisalign orders by rival scanner manufacturers, effectively controlling both the aligner and dental scanner markets.