HiSmile advertises unrealistic results from teeth-whitening products, class action claims

HiSmile class action lawsuit overview:

• Who: Four plaintiffs filed a class action lawsuit against HiSmile Inc.
• Why: HiSmile allegedly engages in an aggressive and fraudulent marketing campaign touting unrealistic results for its teeth whitening products.
• Where: The HiSmile class action lawsuit was filed in California federal court.

HiSmile teeth whitening products do not work as advertised, according to a group of four dissatisfied customers.

Plaintiffs Aaron Jimenez, Robert Parham, Brittany Hodges and Ralph Milan filed the HiSmile teeth whitening class action lawsuit in California federal court and claim the defendant “engaged in an aggressive, pervasive and fraudulent social media marketing scheme, particularly on TikTok, Instagram and Facebook.”

The plaintiffs allege that HiSmile inundates the social media platforms with fake before-and-after images, deceptive celebrity endorsements and influencer marketing to fuel unrealistic expectations about the teeth whitening products.

“In its advertising, HiSmile pushes junk science espousing the ‘science’ of ‘color theory,’ ‘color correction technology,’ ‘light interference technology,’ ‘reflective pigments’ and other various pseudoscientific explanations for its promised ‘instant whitening’ results,” the HiSmile class action lawsuit says.

HiSmile also touts some of its products as “clinically proven” even though they are not even clinically tested, the plaintiffs allege. Additionally, the company posts fake positive reviews and removes negative reviews to further deceive consumers into believing the products are effective, the lawsuit claims.

The HiSmile teeth whitening products named in the complaint include: V34 Colour Corrector Serum, Glostic Tooth Gloss, PAP+ Whitening Strips and PAP+ Whitening Pen.

HiSmile class action says company exploits consumer demand for at-home whitening products

HiSmile capitalizes on consumers’ growing demand for at-home teeth whitening products and has reportedly grown into a billion dollar company, the plaintiffs say. Its success is due entirely to its fraudulent marketing of its products, according to the HiSmile class action lawsuit.

The most common method of teeth whitening is bleaching with hydrogen peroxide or carbamide peroxide. However, these peroxide-based treatments can cause tooth and gum sensitivity and can take many applications to achieve the desired results, the plaintiffs say.

Consumers desire over-the-counter teeth whitening products that promise faster results without causing tooth and gum sensitivity, the HiSmile class action lawsuit says. To capitalize on this demand, HiSmile allegedly spends tens of millions of dollars each year on targeted advertisements featuring celebrities and influencers. 

In many cases, the plaintiffs say videos touting the products are posted on social media without disclosing the videos are promotions, leading consumers to falsely believe they are reviews from satisfied customers.

The HiSmile class action lawsuit asserts claims for violations of California’s Unfair Competition Law, False Advertising Law, Consumers Legal Remedies Act, breach of warranty and unjust enrichment.

The maker of Lumineux teeth whiteners is also facing a class action lawsuit alleging the product does not work within 30 minutes as advertised.

Do you think HiSmile teeth whitening products are falsely advertised? Join the discussion in the comments.

The plaintiffs are represented by Shireen M. Clarkson and Bahar Sodaify of Clarkson Law Firm PC.

The HiSmile teeth whitening class action lawsuit is Aaron Jimenez, et al. v. HiSmile Inc., Case No. 2:24-cv-04770, in the U.S. District Court for the Central District of California.

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