Tooth Correction Without Doctors? Court Stops Dr. Smile in Austria

The Association for Consumer Information (VKI) filed a lawsuit and won: Dr. Smile, a company in focus, withdrew from Austria at the end of 2024.

Dr. Smile Promised Perfect Teeth on Instagram and Co. Conveniently in a Monthly Subscription

Promises like "straight teeth for only 33 euros per month" were advertised on online platforms like Instagram and TikTok. "In reality, however, there were many cases of severe health damages," VKI and ECC concluded on Tuesday. Consumers complained about gum recession, tooth loss, jaw joint problems, open bite, tinnitus, and migraines. "The follow-up costs amounted to up to 10,000 euros for necessary corrective treatments," said the consumer advocates.

Sellers Instead of Doctors: Contract Conclusion and Commission More Important Than Health

According to VKI, Dr. Smile was founded in 2017 by graduates of the Frankfurt School of Finance and relied on a purely digital treatment concept. After a free 3D scan at a partner practice, customers were advised by salespeople instead of dentists, "on a commission basis, pushing for a quick contract conclusion. The treatment itself was carried out via app and photo uploads."

VKI Lawsuit: Dr. Smile Withdraws from Austria

Before the company's complete withdrawal from Austria, consumer protection advocates, who conducted test cases and association proceedings on behalf of the Ministry of Social Affairs, achieved legal successes: The Vienna District Court Donaustadt imposed a fine of 77,500 euros because the advertisement with "33 euros per month" neither disclosed the total costs nor the effective interest rate correctly, thus violating the enforcement order obtained by the VKI.

Customers were also not sufficiently informed about who would be the contracting party and therefore liable for any damages: The Vienna Commercial Court convicted Urban Technology GmbH, which claims to be only an intermediary and not a contracting party, for misleading business practices. The District Court Innere Stadt Vienna ruled that Dr. Smile had no authorization for dental treatments in Austria. The treatment contracts were declared void. The District Court Liesing determined that consumers have a right of withdrawal, as the contracts were concluded outside business premises - namely via video call with non-dentists.

Consumer Advocates: Unregulated Digital Health Offers Have "No Place in Austria"

"Dr. Smile systematically violated consumer rights - from misleading advertising to inadmissible contract clauses," concluded Barbara Bauer, a lawyer in the VKI legal department. Such business models have "no place in Austria." The case is a warning signal, "how unregulated digital health offers can endanger consumer rights and health," emphasized EVZ Austria Director Reinhold Schranz.

(APA/Red)

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