| COMPANY |
DENTSPLY SIRONA Inc. |
| COURT |
United States District Court for the Southern District of New York |
| CASE NUMBER |
24-cv-09083 |
| JUDGE |
The Hon. Naomi Reice Buchwald |
| CLASS PERIOD |
May 6, 2021 through November 6, 2024 |
| SECURITY TYPE |
Common Stock |
Case Background:
The Class Period begins on May 6, 2021, when DENTSPLY held a conference call to discuss financial results for the first quarter of 2021. During the call, DENTSPLY’s CEO spoke on the company’s reasoning behind the acquisition of Byte, stating that Byte had “a really, really good product.” DENTSPLY’s CEO continued, “They had a great team and culture out there that was very customer focused, and we remain very, very customer focused in terms of those reviews. Literally, something we look at as a team on an hourly and nightly basis.” DENTSPLY’s CEO also stated that it was important to DENTSPLY to “maintain high Net Promoter Scores,” a market research metric that measures, in part, customer satisfaction.
The complaint alleges that, throughout the Class Period, Defendants made false and/or misleading statements and/or failed to disclose that: (1) DENTSPLY targeted low-income people who did not have access to good oral hygiene education, a dentist, or dental insurance, which often meant patients signing up for Byte, a direct-to-consumer aligner solution, had underlying dental issues that would have made them ineligible for treatment; (2) the push for Byte growth and sales commissions caused sales employees to sell to contraindicated patients; (3) as a result of the above, the Byte patient onboarding workflow did not provide adequate assurance that contraindicated patients did not enter treatment; (4) before and during the Class Period, reports of Byte patient injuries were pouring in; (5) DENTSPLY knew that its Byte aligners were causing severe patient injuries for years but did little to investigate those injuries or notify the FDA; (6) DENTSPLY had no systems in place to notify the FDA of these injuries, which Dentsply is required to do within 30 days of learning of a problem; (7) the FDA had received a sharp uptick in reports of serious injuries from Byte patients; (8) as a result of the above, DENTSPLY materially overstated the goodwill value of Byte; and (9) as a result of the above, Defendants’ positive statements about DENTSPLY’s business, operations, and prospects were materially false and misleading and/or lacked a reasonable basis at all relevant times.
Current Status of Case:
Defendants filed Motions to Dismiss the Amended Complaint on July 8, 2025. This action is ongoing.
If you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Kessler Topaz Meltzer & Check, LLP: Jon Naji, Esq. (484) 270-1453; toll-free at (844) 887-9500; or via e-mail at info@ktmc.com. If you would like additional information about the suit, please click on the link "Submit Your Information" above and fill out the form as promptly as possible.