The Better Business Bureau National Programs’ National Advertising Division referred HiSmile to other regulatory authorities for review of certain product claims.
The claims are related to several of HiSmile's products, including its tooth concealing and whitening products and its toothbrushes. Oral Essentials and the Procter & Gamble Company challenged product claims that appeared on HiSmile’s website, social media and Amazon listings.
Oral Essentials specifically challenged HiSmile's claims for its tooth concealer products and tooth whitening products. The NAD determined that HiSmile did not have enough evidence to support some of the claims made for its products and recommended the company discontinue the claims and modify others. The NAD also recommended that HiSmile modify any video product endorsements to include disclosures that are clear and conspicuous in audio and video.
According to an Aug. 29 news release, HiSmile did not provide an advertiser statement confirming it will comply with all of NAD’s recommendations related to claims for its tooth concealer and whitening products. In accordance with the business agency's procedures, the NAD referred the claims to the Federal Trade Commission and other regulatory authorities for review and possible enforcement action.
The Procter & Gamble Company, the manufacturer of the Oral-B power toothbrushes, alleged that videos posted on HiSmile's TikTok page made several unsupported comparative efficacy claims and claims that falsely disparaged the Oral-B toothbrushes.
Although HiSmile advised the NAD that one of the TikTok videos had been removed, the NAD said Aug. 29 that another video remains on the social media platform and that the company has not reported to the NAD that it discontinued the claims in question.
The NAD said it referred the case related to P&G's challenges to the FTC and other regulatory authorities for review and possible enforcement action because HiSmile made the decision to not participate in the NAD self-regulatory process. The NAD said it will also refer the case to platforms on which HiSmile’s advertising appeared.