National Advertising Division Refers Comparative Efficacy Claims for HiSmile Toothbrushes to Regulatory Authorities for Further Review

New York, NY – August 29, 2024 – BBB National Programs’ National Advertising Division has referred advertising claims made by HiSmile PTY for its toothbrushes to the Federal Trade Commission (FTC) and other regulatory authorities for review after HiSmile declined to participate in the industry self-regulation process.

The Procter & Gamble Company (P&G), manufacturer of competitor Oral-B brand power toothbrushes, challenged claims made by HiSmile in two videos posted by the company on TikTok. In the videos, HiSmile made unsupported comparative efficacy claims and claims that falsely disparaged its Oral-B power toothbrushes including:

  • “[other brushes have] 1 million useless extras that you don’t need” 
  • “You’re not going to hear about rotations on [our] brush head,”
  • “[HiSmile] is here to replace your dodgy electric toothbrush”
  • “You don’t need the features from the big boy brands…selling you like a used car salesman for features you don’t need”

 

While HiSmile advised the National Advertising Division (NAD) that one of the TikTok videos had been taken down, the other video remains on the platform and HiSmile has not represented that the claims at issue had been permanently discontinued.

As HiSmile decided not to participate in the NAD self-regulatory process concerning these claims, NAD will refer the 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’s advertising appeared.

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. Per NAD/NARB procedures, this release shall not be used for advertising or promotional purposes.

 

Subscribe to the Ad Law Insights or Privacy Initiatives newsletters for an exclusive monthly analysis and insider perspectives on the latest trends and case decisions in advertising law and data privacy.

 

 

 

 

Latest Decisions

Decision

Following National Advertising Division Inquiry, Google Voluntarily Unlists Video Demonstrating Google Gemini Capabilities

New York, NY – September 12, 2024 – Google voluntarily unlisted a video demonstrating the capabilities of Google Gemini, its large language model artificial intelligence (AI) offering introduced in December 2023.

Read the Decision Summary
Decision

National Advertising Division Recommends Gruma Modify Sugar and Net Carbohydrate Label Claims

New York, NY – September 11, 2024 – In a challenge brought by competitor Olé, the National Advertising Division found certain “zero sugar” and “0G sugar” claims supported and recommended that Gruma Corporation, in connection with its tortilla product offerings, modify or discontinue other claims. 

Read the Decision Summary
Decision

Direct Selling Self-Regulatory Council Recommends MONAT Discontinue Earnings Claims

McLean, VA – September 5, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) recommended MONAT Global discontinue certain earnings claims made on the MONAT website and by salesforce members on Facebook, Twitter/X, Instagram, and YouTube. 

Read the Decision Summary
Decision

National Advertising Division Refers HiSmile Teeth Whitening Product Claims to the Federal Trade Commission

New York, NY – August 29, 2024 – The National Advertising Division referred HiSmile 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’s recommendations.
Read the Decision Summary