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.
New York, NY – 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.
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. This press release shall not be used for advertising or promotional purposes. NAD will also refer this matter to platforms on which HiSmile’s advertising appeared.
About BBB National Programs: BBB 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, visit bbbprograms.org.
About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.
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