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New York, NY \u2013 August 29, 2024<\/strong> \u2013<\/em> BBB National Programs\u2019 National Advertising Division referred HiSmile PTY to the Federal Trade Commission (FTC) and other regulatory authorities for review after HiSmile declined to provide an advertiser statement confirming it will comply with all of NAD\u2019s recommendations.<\/p>\n Competitor Oral Essentials, Inc. challenged certain HiSmile claims for its tooth concealer products (V34 Colour Corrector Serum and Glostik) and teeth whitening products containing PAP (PAP+ Whitening Strips, PAP+ Whitening Pen, PAP+Whitening Toothpaste and VIO 405 Refills or \u201cTooth Whiteners\u201d).<\/p>\n The challenged claims appeared on HiSmile\u2019s website, social media, and Amazon listings.<\/p>\n Instant Claims<\/strong><\/p>\n The National Advertising Division (NAD) determined that the studies and research submitted by HiSmile do not provide a reasonable basis for claims that HiSmile tooth concealers provide “instant brightening,” “immediately brighten(s)\u201d teeth, and the description of Glostik as an \u201cInstant Whitening Wand.\u201d Therefore, NAD recommended that these claims be discontinued.<\/p>\n Further, NAD recommended that HiSmile discontinue claims of \u201cclinically proven instant whitening results,\u201d “instant brightening,” “immediately brightens,” and “instantly remove yellow teeth stains\u201d for its tooth whitening products as the evidence was not a good fit to support the claims.<\/p>\n Sensitivity Claims<\/strong><\/p>\n In the absence of support on the impact of the tooth whiteners on \u201csensitivity,\u201d NAD determined HiSmile\u2019s claims of “no tooth sensitivity,” “sensitivity-free whitening,” “strips away the stains without any sensitivity,” and \u201cno gum irritation” were unsupported and recommended they be discontinued.<\/p>\n Product Demonstrations<\/strong><\/p>\n Oral Essentials also challenged certain product demonstrations and endorsements of HiSmile\u2019s products that appeared on social media, including experiments conducted on various foods such as an egg, a banana, a lemon, or an ear of corn.<\/p>\n NAD concluded that Hismile\u2019s product demonstrations can be reasonably understood as a visual demonstration of the whitening power of its tooth concealer. NAD noted that when a product demonstration is presented as visual proof of how the product will perform, the demonstration must be presented accurately and any material conditions or limitations should be clearly disclosed.<\/p>\n Accordingly, NAD recommended that HiSmile discontinue the use of its egg test as a product demonstration, or modify it to:<\/p>\n As to HiSmile\u2019s product demonstrations on other items such as a banana, NAD recommended they be discontinued or modified to:<\/p>\n Material Connection Disclosures<\/strong><\/p>\n In addition, Oral Essentials challenged product demonstrations and endorsements appearing on social media where it maintained the material connection between the endorser and HiSmile was not fully disclosed.<\/p>\n While HiSmile committed to using standard disclosures provided by social media platforms, FTC guidance cautions marketers against relying on the platform-provided disclosure if it is not clear and conspicuous. NAD has previously found that an \u201cincludes paid promotion\u201d platform-provided disclosure is not clear and conspicuous.<\/p>\n Accordingly, NAD recommended that HiSmile modify any video endorsement to include a material connection disclosure that is clear and conspicuous in audio and video, keeping in mind that clear and conspicuous means unavoidable or difficult to miss.<\/p>\n During the proceeding, HiSmile permanently discontinued certain claims for its PAP+ Whitening Pen, PAP+ Whitening Strips, and tooth concealers. Therefore, NAD did not review these claims on their merits and will treat the claims, for compliance purposes, as though NAD recommended they be discontinued.<\/p>\n HiSmile did not provide an advertiser statement confirming it will comply with all of NAD\u2019s recommendations. Per NAD\/NARB Procedures, NAD has referred this matter to the FTC and other regulatory authorities for review and possible enforcement action. NAD will also refer this matter to platforms on which HiSmile\u2019s advertising appeared.<\/p>\n All BBB National Programs case decision summaries can be found in the\u00a0case decision library<\/a>. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive<\/a>. This press release shall not be used for advertising or promotional purposes.<\/p>\n About BBB National Programs:<\/strong>\u00a0BBB National Programs, a non-profit organization, is the home of U.S. independent industry self-regulation, currently operating more than a dozen globally recognized programs that have been helping enhance consumer trust in business for more than 50 years. These programs provide third-party accountability and dispute resolution services that address existing and emerging industry issues, create a fairer playing field for businesses, and a better experience for consumers. BBB National Programs continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-and-teen-directed marketing, data privacy, dispute resolution, automobile warranty, technology, and emerging areas. To learn more,\u00a0visit bbbprograms.org.<\/p>\n About the National Advertising Division:<\/strong>\u00a0The\u00a0National Advertising Division of BBB National Programs\u00a0provides\u00a0independent self-regulation\u00a0and dispute resolution services,\u00a0guiding\u00a0the truthfulness of advertising across the U.S. The National Advertising Division\u00a0reviews national advertising in all media and its decisions set consistent standards for\u00a0advertising\u00a0truth and accuracy, delivering meaningful protection to\u00a0consumers\u00a0and leveling the playing field for business.<\/p>\n Name: Jennie Rosenberg Tags:<\/b> Name: Jennie Rosenberg New York, NY \u2013 August 29, 2024 \u2013 BBB National Programs\u2019 National Advertising Division referred HiSmile PTY to the Federal Trade Commission (FTC) and other regulatory authorities for review after HiSmile declined to provide an advertiser statement confirming it will comply with all of NAD\u2019s recommendations. Competitor Oral Essentials, Inc. challenged certain HiSmile claims for [\u2026] Continue Reading \n
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See Campaign: <\/strong>https:\/\/bbbnp.org<\/a><\/p>\nContact Information:<\/h3>\n
Email: jrosenberg@bbbnp.org
Job Title: Media Relations<\/p>\n
BNN<\/a>, CE<\/a>, Extended Distribution<\/a>, Go Media<\/a>, Go Media2<\/a>, Google News<\/a>, iCN Internal Distribution<\/a>, IPS<\/a>, Nexis Newswire<\/a>, PR-Wirein<\/a>, Reportedtimes<\/a>, English<\/a><\/p>\n<\/div>\n\nContact Information:<\/h3>\n
Email: jrosenberg@bbbnp.org
Job Title: Media Relations<\/p>\n<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"