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Legal action against startup? All you need to know about this matter

The “10-second toothbrush” of the Austrian startup Amabrush is due to the low Putzfolgs and lack of deliveries for some time in the criticism. The consumer protection association has now announced that it wants to take legal action against the startup. The brutkasten has contacted the founder of Amabrush, Marvin Musialek, and got a first opinion.

The smart toothbrush from Amabrush was supposed to initiate a revolution in dental hygiene. The startup promises a quick cleaning of the teeth in just ten seconds. After successful crowdfunding and numerous pre-orders accumulated at the end of January this year the complaints to the manufacturer and his “10-second toothbrush”.

In an article in the ORF TV program “Konkret”, which was broadcast in January, the head of the University Dental Clinic in Vienna, Andreas Moritz, voiced criticism. The cleaning performance of Amabrush can not replace the regular brushing of the teeth, so the head (the brutkasten reported). In the wake of media attention, there is also criticism in the social media – not only because of the low cleaning performance, but also due to lack of supplies. As the consumer protection association has announced, the association wants to take legal action against Amabrush.

Justification of the consumer protection association

Peter Kolba, chairman of the Consumer Protection Association (VSV), explained in a statement that the association had reported numerous crowdfunders and buyers who saw themselves harmed by Amabrush. On the one hand crowdfunders have been put off for more than a year and are not given a toothbrush, on the other hand, buyers complain that the toothbrush in no way corresponds to what was advertised.

Due to the large number of complaints, the VSV has now decided to file a statement of facts with the Economic and Corruption Prosecutor. “The public prosecutor’s office will have to examine whether there is criminal action. However, the presumption of innocence applies” says Kolba.

Collection campaign against startup

The VSV is considering further steps, including a class action lawsuit in the room. “We are considering further legal action for those affected, from joining private parties to class action lawsuits against the company,” said Kolba. To this end, the VSV collects via an online questionnaire data from crowdfunders and buyers who see themselves harmed by Amabrush.

First reaction from founder

In a first reaction, Marvin Musialek, founder of Amabrush, explains to the brutkasten that his startup takes the complaints of his customers very seriously, but emphasized that the prosecution is currently not actively investigating Amabrush. “It is everyone’s right to make a statement of facts to the prosecutor, but this is only the question of whether it is determined at all” said Musialek.


Also published on Medium.

Published inStartups

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