HiSmile pays penalties for false and misleading social media videos

HiSmile has paid $138,600 in penalties following ACCC concerns that social media videos promoting its teeth whitening products contained false or misleading representations.

The ACCC alleged that HiSmile published videos where individuals appeared to be “random shoppers” providing spontaneous reactions to the company’s teeth whitening products. However, the people featured in the videos were HiSmile employees.

The ACCC raised concerns that consumers may have been misled about the independence and authenticity of the reactions shown.

ACCC Commissioner Luke Woodward stated “Misleading social media advertisements can reach millions of consumers and may impact their purchasing decisions. All businesses must ensure they are not making misleading or deceptive claims on social media platforms.”

The ACCC also raised concerns about videos promoting HiSmile’s Glostik Tooth Gloss product, which may have given consumers the impression the product removed stains from teeth.

The ACCC alleged this was misleading because the product only temporarily concealed stains.

This case is an important reminder that advertising compliance is not limited to written claims. Social media videos, demonstrations, reactions, testimonials, visual effects and the way results are presented can all contribute to the overall impression created for consumers.

WHAT DOES THIS MEAN FOR ADVERTISERS AND PUBLISHERS?

This decision reinforces that social media content is advertising and must comply with the same consumer law requirements as other forms of advertising.

For advertisers, product demonstrations, visual claims and creator content should accurately represent the typical consumer experience and be capable of being substantiated.

For publishers, the focus is not on independently verifying every product claim or demonstration but recognising when content may create an impression that requires additional consideration or confirmation before publication.

Publishers should pay particular attention to claims created through:

• before-and-after comparisons

• product demonstrations

• transformations

• visual effects or editing

• “instant result” style content

• creator reactions or testimonials

• claims about how quickly or effectively a product works

Where content shows or implies a specific outcome, consider whether the advertiser has confirmed the representation reflects a result they can support.

Advertisers should carefully consider:

Visual claims are still advertising claims

A claim does not need to appear in text to influence consumers. Images, videos, demonstrations and editing choices can communicate a message about what a product can achieve.

Results shown should reflect the real consumer experience

Content suggesting a particular outcome, transformation or result should not exaggerate what consumers can reasonably expect.

Creator and social content carry the same obligations

Using informal formats, creators or social trends does not remove the requirement for advertising to be accurate and not misleading.

The overall impression matters

Advertisers should consider what a reasonable consumer would understand from the content.

Would they believe:

• the result shown was achieved by using the product?

• the result happened within the timeframe shown?

• they can reasonably expect a similar outcome?

  
  

If the impression created does not reflect reality, the advertising may create risk under the Australian Consumer Law.

KEY TAKEAWAY

Before publishing social media content involving product demonstrations or results claims, consider:

“Does the advertising create a clear impression about what the product can achieve, and has the advertiser confirmed they can support that claim?”

Publishers are not expected to independently test products or verify individual results.

However, claims created through:

• demonstrations

• transformations

• before-and-after imagery

• testimonials or personal experiences

• visual comparisons

should be treated as objective claims that the advertiser must be able to support.

If the content creates a strong impression about performance, speed or results, consider seeking confirmation from the advertiser that appropriate substantiation is held.

A claim is not just what is written in the caption it is the overall impression created by the content.

PUBLISHER TAKEOUT

Publishers are not expected to independently verify every claim made in social content, but authenticity and visual impressions matter. If content presents reactions, testimonials, demonstrations or product results, consider whether consumers would clearly understand who is speaking, their connection to the brand and whether the result shown accurately reflects what the product can achieve.