Two cases against HiSmile product ad claims referred to FTC by NAD for further review



Two cases against HiSmile product ad claims referred to FTC by NAD for further review

The National Advertising Division (NAD), part of BBB National Programs, has referred HiSmile PTY’s teeth-whitening claims to the Federal Trade Commission (FTC) and other regulatory bodies for further review. This referral follows HiSmile’s refusal to provide an advertiser statement confirming its intent to comply with NAD’s recommendations regarding certain advertising claims for its teeth-whitening and tooth concealer products.

The challenge to HiSmile’s advertising was initiated by competitor Oral Essentials, Inc., focusing on claims made for HiSmile’s V34 Colour Corrector Serum, Glostik, PAP+ Whitening Strips, PAP+ Whitening Pen, PAP+ Whitening Toothpaste, and VIO 405 Refills (collectively referred to as “tooth whiteners”) on social media, the company’s website, and Amazon listings for the products mentioned above, per NAD’s case decision​.

Instant whitening claims

NAD found that HiSmile’s evidence did not substantiate its bold assertions of “instant” results from its teeth whitening and tooth concealer products. According to NAD’s case decision, the division determined that the research and studies presented by HiSmile were insufficient to support claims such as “instant brightening,” “immediately brightens,” and referring to the Glostik product as an “Instant Whitening Wand.” Consequently, NAD recommended that these claims be discontinued.

HiSmile’s claim of “clinically proven instant whitening results” was also scrutinized. According to the case decision, NAD’s evaluation concluded that the “evidence was not a good fit to support the claims,” leading to the recommendation that the company remove these statements from its marketing materials.



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