The National Advertising Division recommended in November that Oral Essentials, Inc. discontinue or modify its “30 minutes to whiter teeth” claim on Lumineux Whitening Strips to avoid implying that a single application will do the deed. Now the company is being targeted with a putative class action in New York’s Eastern District alleging false and misleading advertising.
Plaintiff Marwan Shafee says use of Lumineux Whitening Strips failed to whiten his teeth despite the on-box claim, “30 minutes to whiter teeth,” reflecting a defective design and deceptive advertising.
Shafee filed a class action complaint on 29 November against Lumineux marketer Oral Essentials, Inc. in the US District Court...