National Advertising Division Finds Lumineux Whitening Strips “Sensitivity” Claim Supported; Recommends Other Claims be Discontinued or Modified
New York, NY – November 6, 2023 – In a challenge brought by the Procter & Gamble Company (P&G), the National Advertising Division (NAD) of BBB National Programs determined that Oral Essentials, Inc. (OEI) provided a reasonable basis for its on-pack claim that Lumineux Whitening Strips “whitens without the sensitivity.”
However, NAD recommended that OEI discontinue the claim “30 minutes to whiter teeth” or modify it to avoid conveying the message that consumers will experience whiter teeth after using the Lumineux product once for 30 minutes.
“Whitens Without the Sensitivity”
In support of its “whitens without the sensitivity” claim, OEI relied on two clinical studies, which NAD determined provided reasonable support for the challenged claim. Further, NAD concluded that P&G’s clinical study did not offer more reliable evidence than the studies provided by OEI with respect to whitening-related sensitivity.
“30 Minutes to Whiter Teeth”
NAD found that consumers may reasonably understand the claim “30 minutes to whiter teeth” to mean they will experience noticeably whiter teeth after using the Lumineux Whitening Strips after a single 30-minute application even though the details on the packaging reference that the full whitening effect takes 14 treatments.
Further, NAD determined that OEI’s proposed disclosure of “when used daily for at least 7 days as directed” would not prevent a misleading message because it would contradict the main message of the claim.
For these reasons, NAD recommended that OEI discontinue the claim “30 minutes to whiter teeth” or modify it to avoid conveying the message that consumers will experience whiter teeth after using the Lumineux product once for 30 minutes.
In its advertiser statement, OEI stated that it “appreciates NAD finding the claim that Lumineux Whitening Strips ‘whiten without the sensitivity’ to be supported by clinical studies. As a strong supporter of the self-regulatory process, OEI will follow NAD’s recommendations and modify claims regarding the duration of usage of Lumineux Whitening Strips needed to achieve whitening.”
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