Snow Teeth class action over false Covid protection claims dismissed

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Update: 

• A New York federal judge dismissed a class action lawsuit lodged against a teeth-whitening company alleging its advertisements were misleading.
• On Sept. 30, U.S. District Judge Joan M. Azrack granted a motion to dismiss a class action lawsuit filed by plaintiff Burton Kraus against Snow Teeth Whitening LLC.
• Kraus alleged that the company engaged in false advertising by claiming its teeth-whitening product was able to prevent infection, including from COVID-19.  
• However, Judge Azrack accepted Snow Teeth’s motion for dismissal, which was filed on the grounds that the plaintiff hadn’t purchased a Snow Teeth whitening system before filing the claim, is good friends with one of his lawyers and had not seen the advertisements he claimed to be misleading.

Snow Teeth false advertising class action lawsuit overview: 

• Who: Snow Teeth Whitening LLC asked a judge to dismiss a class action lawsuit claiming the company falsely advertised its product offered COVID-19 protection. 
• Why: Snow Teeth argues the plaintiff has no grounds for his claim that the company engaged in false advertising. 
• Where: The letter to dismiss was delivered to a federal judge in New York. 

(08/20/2021)

A teeth-whitening company asked a New York federal judge on Wednesday to dismiss a class action lawsuit lodged against them on the grounds the plaintiff hadn’t purchased a Snow Teeth whitening system before filing the claim, is good friends with one of his lawyers, and had not seen the advertisements he claimed to be misleading. 

In December, lead plaintiff Burton Kraus alleged in a class action lawsuit that Snow Teeth Whitening LLC had engaged in false advertising by claiming their teeth-whitening product was able to prevent infection, including from COVID-19. 

Snow Teeth rejected Kraus’ demand for a multi-million dollar settlement in a letter asking a federal judge to toss the class action lawsuit. In the letter, Snow Teeth claims that Kraus went out and bought the product for the first time after the company rejected his settlement demand. The plaintiff also has a decades-long friendship with one of his lawyers representing him in his claim against the company, according to Snow Teeth. 

Snow Teeth’s three-page letter to U.S. District Judge Joan M. Azrack asserted the plaintiff not only hadn’t purchased the teeth-whitening product before making the claim, but admitted in his disposition that he hadn’t seen the particular advertisements he claimed to be misleading. 

“Following the company’s rejection of that demand, Plaintiff purchased the product from Snow’s website, adopted the allegations in his lawyers’ draft complaint as his own, and joined the lawsuit as the named class representative,” the letter states. “Plaintiff further admitted that he could not recall actually seeing, much less relying on, any of the supposedly misleading advertisements identified in his own pleading—no doubt because the complaint was drafted before he had even purchased the product.” The product in question is a teeth-whitening system that uses LED light technology and requires the user to wear a mouthpiece. It is the company’s flagship product, according to Snow Teeth’s letter. 

Kraus testified during a deposition on Aug. 4 that he did not remember seeing any of the advertising he claimed was misleading. Snow Teeth argues that his admissions warranted grounds for dismissal. 

“The lawsuit seeks to recover millions of dollars for the purported false advertising regarding Snow’s products, but this testimony shows that the complaint’s allegations are not based on any actual consumer experience,” the letter states. 

Snow Teeth Whitening a Sham? 

Kraus’ initial lawsuit was filed in December and claimed the defendant had misled consumers by falsely advertising that its proprietary tooth-whitening serum was not actually exclusive to Snow. 

Plaintiff also argued the company falsely advertised that, during the COVID-19 pandemic, the blue light version of one of its products would protect against germs and bacteria when combined with hydrogen peroxide and that a red light option would prevent infection. 

Kraus claimed in the Snow Teeth class action lawsuit that the defendant had shown “greed and a complete disregard for human decency.” Plaintiff included Floyd Mayweather and Rob Gronkowski in the claim, both of whom have appeared in advertisements for the defendant. 

Do you believe the judge should dismiss the claim against Snow Teeth Whitening? Let us know in the comments! 

The plaintiff is represented by Steven G. Mintz, Adam K. Brody, and Barry M. Kazan of Mintz & Gold LLP. 

The Snow False Advertising Class Action Lawsuit is Kraus v. Snow Teeth Whitening LLC 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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