Court Rules in Favor of OrthoAccel Technologies in Lawsuit Against Propel Orthodontics for False and Misleading Advertising Claims
HOUSTON, Oct. 26, 2016 /PRNewswire/ -- The U.S. District Court for the Eastern District of Texas today ruled in favor of OrthoAccel® Technologies, Inc. in its lawsuit against Propel Orthodontics, LLC, ordering that Propel stop using false and misleading advertising claims to promote its "VPro5" orthodontic device while the litigation proceeds.
"This decision is an important victory for OrthoAccel Technologies and for our safe, clinically proven accelerated orthodontic treatment product, AcceleDent®," said Mike Lowe, CEO of OrthoAccel Technologies. "This is also a victory for the orthodontic industry in maintaining its high standards for patient safety and quality outcomes. It is wrong that doctors and patients were misled by a supplier's false claims."
The judge found that "Propel disseminated false and misleading advertisements throughout its participation in the marketplace" and "Propel is not legitimate competition." As a result of the judge's ruling, Propel Orthodontics is prohibited from using the following unfound claims when describing its VPro5 or VibraPro5 product: (a) "accelerates tooth movement"; (b) "stimulates bone growth and tooth remodeling"; (c) "fast tracks, or otherwise aids retention"; (d) "relieves pain or discomfort"; (e) "VPro5's higher frequency works better than AcceleDent's lower frequency"; or "VPro5 is effective to accelerate tooth movement, stimulate bone growth and tooth remodeling, aids retention or relieves pain in less time than AcceleDent."
"At OrthoAccel, we value fair and honest competition. Our team has built a leadership brand by helping orthodontists and patients get the results they want with products backed by clinical evidence that is rigorously obtained and scientifically sound," said Lowe. "We cannot stand by while a competitor is using false and misleading claims that could harm our reputation and the reputation of the growing accelerated orthodontics category."
OrthoAccel Technologies has a portfolio of clinical evidence and patient cases documenting the technology's effectiveness that is readily available for review on the AcceleDent.com website at acceledent.com/orthodontists. AcceleDent is the first and only FDA-cleared vibratory orthodontic device that speeds up orthodontic treatment by as much as 50 percent and reduces the discomfort associated with orthodontic treatment.
"In the information gathering phase of this case, we unintentionally inconvenienced some doctors. If we could have pursued our case effectively without contacting doctors, we would have done so. We offer our sincere apology to those affected," added Lowe.
About OrthoAccel® Technologies, Inc.
OrthoAccel® Technologies, Inc. is a privately owned medical device company engaged in the creation, manufacturing, marketing and sales of innovative solutions that enhance dental care and orthodontic treatment. Among the company's innovations is AcceleDent®, an FDA-cleared, Class II medical device that speeds up orthodontic treatment by as much as 50 percent and reduces discomfort associated with orthodontic treatment. OrthoAccel, the Leader in Accelerated Orthodontics, has received positive feedback from patients and leading orthodontists from around the world who recommend the award-winning AcceleDent as the fast, safe and gentle solution to accelerate orthodontic treatment. Ranked on Deloitte's 2015 Technology Fast 500 as one of the fastest growing companies in North America, OrthoAccel is based in Houston, Texas and maintains a global presence through its EMEA office in Essen, Germany. To learn more about OrthoAccel's focus on improving the journey to healthy, beautiful smiles, visit AcceleDent.com.
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SOURCE OrthoAccel Technologies, Inc.
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