Snow Teeth Whitening Draws Class Action Lawsuit Over Coronavirus Protection Claim

Snow Teeth Whitening is facing a new class action lawsuit filed by a consumer who says the company commits flagrant false advertising about the efficacy of its products, including recent claims that its whitening “lights” might offer coronavirus protection.

Burton Kraus of New York, who personally purchased some of the whitening products, says Snow’s marketing is so over the top and dishonest it rises to the level of a “widespread fraudulent scheme” that has duped hundreds of thousands of customers out of millions of dollars. The company’s actions, he says, led him to file the federal class action lawsuit on Dec. 14 against Snow Teeth Whitening LLC, its parent company, Foresold, and Snow Founder and Chief Executive Officer Joshua Elizetxe.

Snow Teeth Whitening sells mouthpieces outfitted with various LED lights and teeth whitening serum.

Kraus is also suing two high-profile professional athletes and spokesmen – boxer Floyd Mayweather and NFL star Rob Gronkowski – who are also partners in the company.

According to Kraus and his lawyers, not only has Snow and its top executives claimed to deliver “amazing results” – which have been disproven by independent laboratory testing – it has recently been “demonstrating greed and a complete disregard for human decency,” by attempting to profit from the ongoing COVID-19 pandemic, the class action lawsuit alleges.

Snow has indicated that its products might offer some coronavirus protection by “referencing the pandemic and suggesting that their lights offer protection from ‘germs,’” the Kraus class action lawsuit complaint says. Another Snow advertisement references the virus and suggests “the ‘red light option’ as if it had some superior germicidal quality over their blue light or even no light.”

Kraus is asking the Court to certify the case as a class action that would represent all residents of New York who purchased Snow’s “The Accelerating LED Mouthpiece,” the “Original,” the “At-Home Teeth Whitening All-in-One Kit” or any other teeth-whitening light device. While they don’t know how many potential Class Members there are, Kraus’ lawyers told the Court that Snow has boasted more than 500,000 customers.

Snow’s products sell for between $149 and $199, according to the class action lawsuit, but they don’t whiten teeth any better than much lower priced products.

Elizetxe, Snow’s founder and CEO, “has boasted that he wants ‘complete domination,’ and by his and his company’s acts, he has proven that he will scam the public to achieve his vision of market domination,” the class action lawsuit alleges.

Specifically, Kraus and his lawyers say Snow’s advertising makes numerous false claims, including:

• That its All-In-One teeth whitening kit is approved by the U.S. Food and Drug Administration, and several Snow products are packaged with the FDA logo on them. In fact, cosmetic products including teeth whitening products are not subject to FDA approval.
• That the company’s whitening serum is “proprietary.” Kraus says the formula, a combination of hydrogen and carbomide peroxides, is not unique or proprietary.
• That products do not cause tooth sensitivity, despite also selling a product called “Add On For Sensitive Teeth” or “Desensitizing Serum.”
• That its products work “five times faster than whitening strips, while also claiming that most customers see results within three days.” Whitening strips currently on the market can produce results in just hours.
• That its “patent-pending LED mouthpiece” accelerates the teeth whitening process, while independent laboratory testing performed on Snow products revealed the mouthpiece produced no material added benefit in terms of speed or effectiveness of whitening.
• That Elizetxe’s own teeth are white from using the products, “but he has veneers, a fact he hides from consumers.”

“In reality, [the] lights are ineffective … and are very cheap lights that are similar to models sold online for less than five dollars,” the class action lawsuit says.

Have you tried one of Snow’s LED mouthpieces? Were you swayed by claims it could provide coronavirus protection? Did the device, in fact, noticeably whiten your teeth? Tell us about it in the comment section below.

Lead plaintiff Kraus and the proposed Class Members are represented by Steven G. Mintz and Steven W. Gold of Mintz and Gold.

The Coronavirus Protection Class Action Lawsuit is Burton Kraus, et al. v. Snow Teeth Whitening, et al., Case No. 2:20-cv-06085, in the U.S. District Court for the Eastern District of New York.

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