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.”
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 (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.
Name: Jennie Rosenberg
Job Title: Media Relations