SmileDirectClub collapse: “It shouldn’t have taken a bankruptcy to protect patients”

The British Dental Association has warned that the collapse of remote-orthodontic giant SmileDirectClub will not close the door on the clear risks to patients presented by remote orthodontics. [1]

The business model – offering patients plastic aligners based on a 3D scan of their mouths or via an impression taken from at-home moulding kits – can lead to fundamental changes to a patient’s mouth that may be irreversible.

The BDA has regularly raised concerns directly with regulators – the Care Quality Commission and General Dental Council – about this practice since 2019. The professional body warn that the bankruptcy of the market leader should not be viewed as a substitute for meaningful regulation to protect patients.

In 2021 the GDC published guidelines, stressing that orthodontic patients need to be fully assessed by a dentist, that direct dentist-to-patient interaction – the basis for informed consent – is essential, and that patients must know the name and registration number of the dentist responsible for their care. However, it did not offer any clarity on what sanctions it might utilise and how the regulator backed up its assumption that such models of care are “safe for many people.”

Dentists have stressed the risk of misdiagnosis and lack of informed consent in the absence of face-to-face consultations throughout the course of treatment. The BDA has seen cases of patients with advanced gum disease that have been provided with these aligners, potentially leading to tooth loss.

In 2020 an investigation into the provider by U.S. network NBC revealed a wide range of complaints on treatment outcomes. Patients were not required to have any in-person assessment with a dentist, and unhappy customers were made to sign non-disclosure agreements.

British Dental Association Chair Eddie Crouch said:

“Dentists are left to pick up the pieces when these providers offer wholly inappropriate treatment.

“It shouldn’t have taken a bankruptcy to protect patients from harm. It requires decent laws and effective regulation.

“Sooner or later, someone will find a way to make remote orthodontics turn a profit. Before that time proper safeguards must be in place.”

[1] Multiple US reports cite SmileDirectClub’s bankruptcy filing, marking the end of a nine-year run for the startup that never made a profit as a publicly traded business. While there were questions over the status of overseas operations, the following holding message is now in place on the website of the business’s UK operation: https://smiledirectclub.co.uk/

SmileDirectClub has made the incredibly difficult decision to wind down its global operations, effective immediately. For new customers interested in SmileDirectClub services, thank you for your interest, but aligner treatment is no longer available through our telehealth platform. For existing customers, we apologize for the inconvenience, but customer care support is no longer available. Thank you for your support and letting us improve over 2 million smiles and lives.

I placed an order for SmileDirectClub aligners, but have not yet received my aligners. What should I do?

Unfortunately aligner treatment is no longer available through the SmileDirectClub platform. All orders that have not yet shipped have been cancelled at this time, and you will not receive your aligners.

Should I continue to conduct my 60-day check-ins? Is my treating doctor still available to complete my treatment?

We apologize for the inconvenience, but aligner treatment is no longer available through the SmileDirectClub platform. If you wish to continue treatment outside of our platform, please consult your treating doctor or your local dentist with any questions around future aligner treatment.

I’m on the SmilePay Plan. Do I need to keep paying for my aligners?

SmilePay customers are expected to continue to make all monthly payments until payment has been made in full per the terms of our SmilePay program. For more questions, please contact HFD at 1-877-874-3877 or support@gohfd.com.

Is the Lifetime Guarantee still in place?

No. Effective immediately the Lifetime Smile Guarantee no longer exists.

How do I ask for a refund?

There will be more information to come once the bankruptcy process determines next steps and additional measures customers can take.

The British Association of Private Dentistry has also issued a statement on the collapse of SmileDirectClub:

It was with only a little surprise that the dental profession learned today that SmileClub Direct had ceased trading overnight. It has been clear for some months that the company had been struggling financially, and appears to have decided to cease trading yesterday.
 
https://www.axios.com/2023/12/08/smiledirectclub-liquidating-sdc-bankruptcy-chapter-11
https://www.wsj.com/articles/smiledirectclub-to-shut-down-c3eb53bf
https://www.forbes.com/sites/antoniopequenoiv/2023/12/08/smiledirectclub-shutting-down-what-to-know-about-aligner-companys-liquidation/
 
Over the past few years since the inception of this company and its subsequent move into the UK market, the profession internationally has been warning the public of the dangers of this type of ‘direct to public’ aligner therapy. With the sudden cessation of trading of the biggest company in the field, the BAPD are increasingly concerned about the welfare of those members of the public who are midway through treatment with SmileDirect Club. Given the initial information on the holding page of SmileDirect Club,  it would appear these patients are now to be left high and dry without access to further treatment. Their website is now little more than a holding page with scant information as to what is going to happen to their clients.
 
The BAPD and other professional associations have repeatedly warned both the GDC and the CQC of the risks this direct to consumer orthodontics poses to members of the public. Given that the regulators’ remit is to protect the public, it seems very little was achieved by them to stop the provision of this treatment. 
There are now questions about the provision for care continuity which their registration with the CQC would require. Based on the information on their website,  there is currently no provision for this, which means that members of the public are now either in the difficult position of having to continue to pay for aligners they will not receive, while others will have to find a practitioner willing to take them on to continue their treatment at additional cost or many may simply have to abandon their treatment. 
 
The BAPD urges members of the public who have been affected, to contact their dentist. We are reassured that our members will assist SmileDirect’s customers sympathetically and professionally when approached as a result of this development.
 
Our sympathies also extend to those employed by SmileDirect Club who wake up this morning to this uncertainty as Christmas looms.

British Orthodontic Society “concerned for abandoned patients”

The British Orthodontic Society has expressed its great concern for those patients who have been left abandoned following the announcement that Smile Direct Club has ceased trading in the UK.

As the demand for adult orthodontics has increased in recent years, so has the options for patients. In the current economic climate, there was always concern that people may put themselves at risk with ‘direct to consumer’ teeth straightening. The British Orthodontic Society suggests that Smile Direct Club patients that are anxious about their treatment to contact an orthodontist or dentist at the first opportunity to discuss their options. They can be assured of professional and sympathetic care as well as an understanding ear.   

Patients who are considering orthodontic treatment should seek impartial advice at – https://www.dentalhealth.org/safe-smiles-seeing-a-dental-professional  where they can get advice about the safest and most effective way to have orthodontic treatment. The safest way for patients to straighten their teeth is to see a trained clinician at an in-person appointment who is qualified to assess the patient’s health.

Anjli Patel, BOS Director of External Relations, commented: “As dental professionals, we have a duty of care to our patients following treatment for a minimum of 12 months as is right and proper. For a corporate entity to abdicate responsibility in this way is nothing short of scandalous.

The BOS calls on the regulatory bodies in the UK to ensure any company providing direct to consumer Orthodontics in the UK is subject to similarly rigorous standards of practice as UK based providers of Orthodontic care.”

BDA: Treasury hit the vulnerable and offer nothing to ease access crisis

The British Dental Association has condemned moves in the Autumn Statement that could withdraw free dental care from the long-term sick, while offering no additional resource to support the rebuild of NHS dentistry. Under the government’s new Back to Work Plan, announced in today’s Autumn Statement, welfare claimants who refuse to engage in job seeking activities will be lose access to NHS dental care, free prescriptions and other benefits.

The BDA believes the threat to withdraw access to free NHS dentistry from those not actively seeking work will inevitably hit vulnerable patients with higher needs the hardest and that the move will prove a repeat of the ‘ineffective approach’ taken to NHS fraud, which saw over £180 million in fines issued to innocent patients for ‘misclaiming’ free care that they were fully entitled to. Heavily briefed, dental care is thought to be among the “additional benefits” set to be lost alongside free prescriptions and legal aid. 

Chancellor Jeremy Hunt has made clear the reforms will not apply to claimants with children or disabilities.

A recovery plan for NHS dentistry was pledged by the Government in April but remains undelivered. The lack of any dedicated funding in the statement suggests that when this plan is finally published it will lack the material resources to make any meaningful headway on the current access crisis or halt of the exodus of dentists from the service. As part of its damning inquiry into dentistry, the Health and Social Care Committee stressed any plan must have “the scope and ambition required to immediately address the crisis of access people across the country are experiencing. This should be accompanied by the necessary funding and a plan for swift implementation.”

The service’s budget has remained effectively static since 2010 at around £3 billion, which has translated into savage real-terms cuts. Many practices now face the prospect of delivering some NHS treatments, particularly those that require laboratory work like dentures or bridges, at a financial loss. 

No commitment was made to increase funding to NHS dentistry, which is struggling with a lack of dentists, a declining number of practices and a backlog of appointments. 

Neil O’Brien MP, the recently departed minister with responsibility for NHS dentistry, said just days after his resignation, “if such fiscal headroom is opening up, I hope the Chancellor will devote some of it to health – GPs and dentists could rapidly do more with some extra funds.”

BDA Chair Eddie Crouch said: “The Chancellor offered no hope to the millions struggling to secure care. He failed to offer a penny to a service on the brink, just pulling away care from the patients who need us most. The Treasury will decide whether NHS dentistry has a future, but there’s no sign this government is willing to step up.”

Commenting on the announcement in the Chancellor’s Autumn Statement, Neil Carmichael, Executive Chair of the Association of Dental Groups (ADG), said: “The threat of removing access to NHS dentistry assumes that people can readily obtain these services in the first place – we know this isn’t the case. ADG’s work on Dental Deserts shows that deprived areas are more likely to have shortages in NHS dentists. The ‘carrot and stick’ approach to welfare reform will not work when most people are already failing to access NHS dental care. Further affront is caused by the government’s failure to announce any additional funding for NHS dental services in today’s Autumn Statement. As the government makes empty threats, NHS dentistry continues its fall into decay. “

NI reduction

The Autumn Statement also included news of a cut to National Insurance. Iain Stevenson, Head of Dental at Wesleyan Financial Services, said: “The cut in National Insurance will be welcomed by many dentists who are classified as self-employed, easing financial pressures at a time when the cost of living remains such a challenge. Dental practice owners will also be happy that the 100% capital allowances on qualifying expenditure has now been extended. This will allow them to plan their investments in equipment and premises with more certainty, enabling them to broaden their range of services and capitalise on the opportunities that offering private cosmetic work can bring, for example.”

BDA: Kids on liquid diets the human cost of access crisis

The British Dental Association has said damning data secured by LBC underlines the case for radical and urgent action to restore NHS dentistry.

In Plymouth, data shared with the broadcaster shows that 600 children had a combined 4,000 teeth extracted. At one local primary school, teachers discovered that 50% of their pupils had never seen a dentist. This is resulting in children having to completely change their diets, moving off solid foods and relying solely on liquids such as soups and smoothies.

The BDA stresses Plymouth is far from an outlier, with access problems now gripping every corner of the country.

Tooth decay remains the number one reason for hospital admissions among young children, and ongoing access problems are set to see the oral health gap between rich and poor widen. Rates for extractions among children and young people living in England’s most deprived communities are nearly 3.5 times that of those living in the most affluent.

The discredited NHS contracts dentists work to has fuelled a recruitment and retention crisis across the service, with every vacancy translating into thousands of patients unable to access care. The BDA has been pressing government to deliver a recovery plan promised in April and expected before summer. In July the Health and Social Care Committee concluded a damning inquiry, describing the state of the service as “unacceptable in the 21st century”, and set out recommendations real, urgent reform. The Government’s response to the inquiry has been overdue since 14 September 2023.

The recent reshuffle and resignation of dental minister Neil O’Brien MP leaves the much-delayed recovery plan for NHS dentistry in limbo. However, O’Brien has since publicly stated that if ‘fiscal headroom’ exists in the coming Autumn Statement funds should be directed to NHS dentistry.

British Dental Association Chair Eddie Crouch: “We’re seeing children living off soup and smoothies thanks to government failure to get to grips with an access crisis. It’s as tragic as it is preventable. With the collapse in access many of these young kids have never had an NHS appointment. Dentists are trained to nip these problems in the bud, but until Ministers step up we’re going to keep seeing scenes that belong in the Victorian era.

BDA: Sugar levy delivering the goods in fight against decay

The British Dental Association has said new evidence on the huge gains made in the fight against tooth decay secured by the sugar levy show how the Government must remain willing to force the hand of the food industry on reformulation.  

Using data on hospital admissions for tooth extractions caused by decay, new research published in BMJ Nutrition, Prevention & Health suggests that 22 months after it was implemented, the Soft Drinks Industry Levy was associated with a 12% reduction in admissions amongst children aged 0 to 18 years.

Tooth decay is the number one reason for hospital admissions among young children, with over 42,000 extractions taking place in NHS hospitals in England last year on patients aged 18 or under. 

The levy took out 47,000 tonnes of sugar from soft drinks in its first 4 years as it encouraged drinks manufacturers to reduce sugar levels to avoid the tax. The BDA stress its effectiveness is in sharp contrast to voluntary appeals to the food industry from the Government. 

Dentist leaders believe expansion of the levy into other product ranges – including milk-based drinks, biscuits, cakes, sweets, yoghurts and cereals – would drive widespread reformulation of high sugar foods and need not raise costs for consumers. 

British Dental Association Chair Eddie Crouch said: “The sugar levy is delivering the goods in the fight against decay, so it’s time to double down.

“This isn’t about adding to the cost of living. When voluntary action has clearly failed, this shows government must force industry’s hand on cutting sugar.”

BDA: Urgency and ambition needed from new team at Department of Health

With change at the top at the Department of Health and Social Care, the British Dental Association has stressed that real urgency and ambition are required to ensure NHS dentistry has a future.

The resignation of dental minister Neil O’Brien leaves the much-delayed recovery plan for NHS dentistry in limbo. While Andrea Leadsom MP has been handed the Parliamentary Under-Secretary of State for Primary Care and Public Health brief, it is unclear at this time if dentistry will remain part of the portfolio.

In an open letter to new Secretary of State Victoria Atkins MP, the BDA state that the new team must prioritise the publication of a plan, underpinned by appropriate resources. 

Dentist leaders also say the Department must show it shares the aspirations of the Health and Social Care Committee, who have offered a roadmap for rebuilding a patient-centred, prevention-focused service. The BDA have underlined that a break from the failed NHS contract the only way of realising stated ambitions from across government to ‘restore NHS dentistry’ and provide access to NHS care who all who need it.

The Government’s response to the inquiry has been overdue since September.

BDA: Officials set to raid dental budget to pay for strike cover

The British Dental Association has slammed plans by NHS England to raid future ‘underspends’ in NHS dentistry to pay for costs incurred by recent strikes across secondary care. 

According to reports in the HSJ, senior officials have now given license to Integrated Care Boards to use these funds to support their bottom line and to cover deficits as part of a deal to offset the costs of recent industrial action.

This ‘clawback’ – returned by practices struggling to meet their contractual commitments – is supposed to be ringfenced and kept for use providing NHS dental care. In April Dr Amanda Doyle, Director of Primary and Community Care at NHS England, told the Health and Social Care Committee “certainly now—for ’23–24—a ringfence has been applied by NHS England, so no ICB can spend a dental allocation on anything that is not NHS dentistry.” During the leadership election last year, the Prime Minister committed to a ring fence as part of his ‘5 Point plan’ for dentistry, to “strengthen the protections around the annual NHS dentistry budget” so funds would be “maintained exclusively for frontline dental services.”

The discredited NHS contracts dentists work to has fuelled a recruitment and retention crisis across the service, leaving many practices returning large slices of their budget when they are unable to hit their targets. The BDA believes taking away these funds is utterly perverse given the depth of the access crisis facing patients in England, and only reflects the fact officials are still banking on high levels of clawback from NHS contract holders this year.

Early this year the BDA anticipated record underspends of up to £400m for the 2022/23 financial year. So many practices were at risk that NHS England were forced to move the goalposts on required contractual delivery so fewer practices would face financial oblivion.

Since April the BDA has been pressing Government to deliver a promised recovery plan, making effective use of these underspends. In July the Health and Social Care Committee concluded its damning inquiry, describing the state of the service as “unacceptable in the 21st century”, and set out recommendations to government for permanent ring fencing, and for real, urgent reform, alongside a call for any recovery plan to be underpinned by necessary funding. The Government’s response to the inquiry has been overdue since 14 September 2023.

Shawn Charlwood, Chair of the British Dental Association’s General Dental Practice Committee, said: “Once again NHS dentistry is being treated as the Cinderella Service. When we desperately need ambition and investment, officials are raiding our budgets, robbing Peter to pay Paul. These ‘underspends’ are the result of practices struggling in a failed, underfunded system. If Government is banking on them to plug holes in their balance sheet millions of patients will lose out.”

BDA: Access problems will cost lives

The British Dental Association has stressed the Government must act to meaningfully restore access to NHS dentistry, as oral cancer rates and deaths continue to rise.

Dentists on the frontline in the battle with the condition, with the tell-tale signs often picked up at a routine check-up. New data shows there were 9,860 cases of mouth cancer in the UK in 2020/21 – up 12% on the previous comparable year. The disease killed more than 3,000 people in 2021 – up 46%, from 2,075 a decade ago.

Early detection results in a roughly 90% survival rate, compared to a 50% survival rate for delayed diagnosis. In this context the BDA stress ongoing access problems will make a difference between life and death for some patients.

While ‘high risk’ patients can be targeted – older smokers, heavy drinkers – there is a significant growth in cases from Human papillomavirus (HPV), who are generally younger, do not usually smoke and drink little or no alcohol.

Oral cancer now claims more lives than road collisions in each of the UK nations.

NHS dentistry in England is still waiting on a promised recovery plan from government, expected before summer. The government is also late in providing a response to the damning inquiry into the service from the Health and Social Care Committee.

British Dental Association Chair Eddie Crouch said: “Every dental check-up doubles as an oral cancer screening. When late detection can radically reduce your chances of survival, the access crisis millions face will inevitably cost lives. This condition causes more deaths than car accidents. With rates surging we need more than radio silence from Westminster.”

BDA encourages dentists to complete new workforce survey

With the General Dental Council’s annual renewal process for dentists now open, the British Dental Association has encouraged registrants to take part in the voluntary collection of workforce data, to help provide a clear picture of the crisis facing NHS dentistry.

Dentists will need to renew their registration by 31 December. As part of this year’s renewal, the GDC is for the first time asking registrants to complete, on a voluntary basis, a small number of additional questions about the work they undertake as a registered dental professional.

The BDA believes this process has scope to give the clearest impression of the challenges facing the dental workforce, UK wide. The regulator has given reassurances that the data will not be used to identify individuals and data will be published anonymously. DCP data collection will coincide with their registration cycle in July.

BDA Chair Eddie Crouch said: “We have long argued that there should be better workforce data given the wholesale inadequacy of the information currently available. The GDC is the logical organisation to undertake this work given its regular interaction with all registrants.

“This is purely voluntary, and we’ve received explicit assurances that all responses will be anonymised.

“At present Ministers can’t tell where the real ‘dental deserts’ are. We would encourage all dentists to participate, so we can provide the clearest of picture of the crisis this service faces.”

BDA: Access crisis piling pressure across NHS

The British Dental Association has said figures from the Labour Party on the nearly 70,000 patients who sought dental care in emergency departments last year are just the tip of the iceberg, and that the access crisis in dentistry is being felt in all corners of the health service.

Dental charges and ongoing access problems have long pushed patients from high street dentistry to A&E services and General Practice, but access problems have escalated, with unmet need for dentistry now standing at 12 million, or 1 in 4 of England’s adult population. Medics and neither trained nor equipped to provide dental care, and these visits typically require a referral back to a dentist. While patients can receive pain relief, or antibiotics for infection, they usually require an operative intervention.

Tooth decay remains the number one reason for hospital admissions among young children. The first oral health survey of 5-year-olds published since lockdown showed no improvements in decay levels and a growing gap between rich and poor. Widening oral health inequality is set to pile more pressure across both primary and secondary care.

Ministers pledged a recovery plan for NHS dentistry in April 2023. Widely expected before summer recess, it remained unpublished as parliament broke for conference season. In July the Health and Social Care Committee concluded its damning inquiry, describing the state of the service as “unacceptable in the 21st century”, and set out recommendations to government for real, urgent reform, alongside a call for any recovery plan to be underpinned by necessary funding. The Government’s response to the inquiry has been overdue since 14 September 2023.

British Dental Association Chair Eddie Crouch said: “From GP surgeries to A&E, the crisis in NHS dentistry is piling pressure on every corner of our health service. Our medical colleagues can offer pain relief or antibiotics, but these won’t cure toothache. Patients in dental pain need a dentist, but any progress hinges on real reform and investment. Until then millions will have nowhere to go.”

NHS reform impossible without investment, says BDA

The British Dental Association has said the success of reform in NHS dentistry will hinge on appropriate funding.  It follows comments by Shadow Health Secretary Wes Streeting that across the NHS “reform is more important than investment.”

The BDA welcomed recent Labour commitments on reform, but has stressed meaningful change to improve patient access and halt the exodus of dentists from the NHS will need to be underpinned by appropriate investment. 

While £111m has been pledged for 700,000 urgent care appointments, and supervised brushing there is no indications yet of what resources would be brought to bear to break with the discredited NHS contract dentists work to.  

The current system funds care for half the population, and with costs surging NHS treatments – particularly those that require laboratory work like dentures – can be delivered at a financial loss. 

Whitehall Dental Practice in Devon announced its intention to return its NHS contract this week.  The practice said the provision of “loss-making, underfunded NHS dental care” could no longer be sustained. In March Bupa Dental Care set out plans to close, sell or merge 85 dental practices in the UK, due to increased costs and workforce problems. 

In his speech to conference Labour Leader Keir Starmer noted “we must be the government that finally transforms our NHS. We can’t go on like this, with a sickness service. We need an NHS that prevents illness.” The BDA are calling on all parties to sign up to the recent recommendations of the Health and Social Care Committee, and provide the reform and resources necessary to make the service prevention-focused and patient-centred.

Shawn Charlwood, Chair of the British Dental Association’s General Dental Practice Committee said: “We cannot run a health service on goodwill alone, and dentists delivering NHS care at a loss are already walking away. Wes Streeting says reform is more important than investment. NHS dentistry will need both if it’s going to have a future.”