HiSmile Class Action Lawsuit: Celebrity-Backed Teeth Whitener a Scam?

A teeth whitening company endorsed by celebrities including Kim Kardashain, Rita Ora, Rosie Huntington-Whitely, and Lily Allen is being accused of building its entire brand on fraudulent marketing in a new class action lawsuit filed by consumers. 

The consumers accuse HiSmile of an “aggressive, pervasive, and fraudulent social media marketing scheme, particularly on TikTok, Instagram, and Facebook,” where it inundates social media platforms with fake before-and-after advertisements, misleading celebrity endorsements, and deceptive influencer marketing, “thereby distorting perceptions and fueling unrealistic expectations of its products.”

Fake Reviews & "Junk Science": HiSmile's Alleged Deception

HiSmile consumers Aaron Jimenez, Robert Parham, Brittany Hodges, and Ralph Milan filed the proposed class action lawsuit against the company after saying they lost money buying the ineffective tooth whitening products including a serum, tooth gloss, whitening strips, and a whitening pen. The four had attempted to use the products to whiten their teeth, but were left with nothing more than a dent in their bank account, they argue. 

They accuse HiSmile of using “junk science” and an array of “pseudoscientific explanations” for its promised instant whitening results, that don’t eventuate, as well as a range of advertising tactics that mask its reality. 

“HiSmile even goes as far as to claim certain products are ‘clinically proven’ when they have not even been clinically tested,” the lawsuit alleges.   

“When a product lacks efficacy or quality, the marketing becomes less about truthfully showcasing its benefits and more about creating a façade of success through manipulation and deception,” the lawsuit says. Fake reviews, fake customers, fake before-and-after photos/videos, misleading celebrity and influencer endorsements, and fake “clinically proven” claims are used to mask HiSmile’s uselessness, they argue. 

HiSmile's Rise to Fame: Celebrity Endorsements and Social Media Blitz

HiSmile, with its range of teeth whitening products including kits, gels, LED devices, and mouth trays, has capitalized on the surging demand for at-home teeth whitening, fueled by media portrayals of perfect smiles. 

The lawsuit alleges that HiSmile has leveraged this trend through a combination of celebrity endorsements and extensive false advertising, achieving a self-proclaimed billion-dollar valuation despite allegedly selling ineffective products.

HiSmile Joins Growing List of Teeth Whitening Brands Facing Legal Action

HiSmile is not the only company facing legal challenges regarding its teeth whitening products. Oral hygiene giant Oral Essentials was hit with a proposed class action lawsuit last year, alleging false advertising claims that its Lumineux teeth whiteners could whiten teeth after just one 30-minute application. The lawsuit contends not only that the strips are ineffective but also that they fail to adhere properly to teeth.

In a separate case, a lawsuit against Snow Cosmetics alleging false advertising through endorsements from celebrities like Floyd Mayweather and Rob Gronkowski was dismissed. The judge ruled that the plaintiff failed to prove they were directly influenced by the alleged false advertising when purchasing the product.

Consumers Demand Justice: Lawsuit Seeks Refunds and End to Deceptive Practices

The four consumers suing HiSmile are seeking injunctive relief to stop what they say is the company’s “unlawful and fraudulent advertising, marketing, and sale” of teeth whitening, so other shoppers don’t waste money, and they want payment for the amount of money they lost buying the products. 

They all say they’d like to buy the products in the future if they did what they were advertised to do, but as things stand they can’t trust the brand.

They want to represent other HiSmile users from across the country and are suing for violations of California’s Unfair Competition Law, False Advertising Law, Consumers Legal Remedies Act, Breach of Warranty, and Unjust Enrichment.

Case Details

• Lawsuit: Jimenez et al. v HiSmile
• Case Number: 2:24-cv-04770
• Court: U.S. District Court for the Central District of California

Plaintiffs' Attorneys

• Shireen M. Clarkson and Bahar Sodaify (Clarkson Law Firm, P.C.)