New York, NY – April 11, 2024 – In a challenge brought by The Procter & Gamble Company (P&G), BBB National Programs’ National Advertising Division recommended that HiSmile PTY discontinue certain safety and comparative claims for its teeth whitening products, PAP+ Strips and V34 Color Correcting Serum, including:
The parties are competing manufacturers of teeth whitening products. HiSmile makes tooth concealer products and teeth whitening products containing PAP, while P&G manufacturers Crest Whitestrips, which contain hydrogen peroxide.
Safety Claims
The National Advertising Division (NAD) determined that some of the challenged claims regarding the safety of hydrogen peroxide convey the message that peroxide containing teeth whiteners, such as P&G’s Crest Whitestrips, are “painful” or cause pain, break down and impact gums and teeth, or “damage” gums and teeth. NAD concluded that these claims are not supported by the evidence and therefore recommended that they be discontinued. NAD also recommended that HiSmile discontinue the “nasty side effects” claim on its website.
NAD noted that nothing in its decision prevents HiSmile from advertising its company’s origin story or highlighting its choice to create products that are peroxide free.
Comparative Claims
Since there was no evidence that HiSmile’s whitening products are “as effective as peroxide,” the National Advertising Division (NAD) recommended that HiSmile discontinue the “create an at-home whitening treatment that’s just as effective as hydrogen peroxide” claim.
NAD concluded that HiSmile’s claim that “PAP similarly [to peroxide] reacts to tooth stains” goes beyond merely stating the mechanism of action of the product and that one message reasonably conveyed by the claim is that PAP and peroxide have similar reactions to “stains” and therefore similar efficacy. In the absence of evidence to support this message, NAD recommended the claim be discontinued.
During the proceeding, HiSmile permanently discontinued the claim that “typically, whitening toothpaste contains peroxide which will damage your teeth.” Therefore, NAD did not review the claim on its merits and will treat the claim, for compliance purposes, as though NAD recommended it be discontinued.
In its advertiser statement, HiSmile stated that it will appeal NAD’s decision because it “highlights a need for international alignment on the adjudication of self-regulatory advertising codes” which it believes is “particularly important given the emergence of digital advertising and the global reach of social media platforms.”
Appeals of NAD decisions are made to the BBB National Programs’ National Advertising Review Board (NARB), the appellate-level truth-in-advertising body of BBB National Programs.
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.
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 of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. The National Advertising Division 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.
Contact:
Jennie Rosenberg
Media Relations
BBB National Programs
press@bbbnp.org
