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Hismile employees pose as ‘random shoppers’ in social media ads

Hismile has paid $138,600 in penalties after the ACCC issued seven infringement notices relating to social media advertisements that allegedly contained misleading representations.

The infringement notices relate to videos in which individuals presented as random shoppers used Hismile products and shared their experiences. According to the ACCC, the people featured in the videos were Hismile employees.

The oral care company also promoted its Glostik Tooth Gloss product in a way that may have led consumers to believe the product could remove stains on teeth. The ACCC said the product only concealed stains temporarily and that the representations may have been misleading.

ACCC commissioner Luke Woodward said misleading advertisements could reach millions of consumers and influence purchasing decisions.

“All businesses must ensure they are not making misleading or deceptive claims on social media platforms,” he said.

According to the ACCC, Hismile admitted that posting the videos was misleading, in breach of the Australian Consumer Law. The regulator said consumers may have purchased products that did not deliver the results promoted by Hismile.

“The ACCC has prioritised consumer and fair-trading issues relating to manipulative or deceptive advertising in the digital economy for several years,” Woodward said.

In addition to the penalties, Hismile provided a court-enforceable undertaking to address the ACCC’s concerns. The company will establish a competition and consumer law compliance program and publish notices about the ACCC action on its website and social media channels.

The undertaking also states that Hismile will not represent employees as members of the public providing testimonials, reviews or commentary about its products. The company also agreed not to claim that Glostik Tooth Gloss or other products produce permanent results when this is not the case.

The action comes as the ACCC continues to examine product promotions and endorsements on social media.

In March, Tomsem Consolidated, which operates under the PhotobookShop brand, paid $39,600 after the ACCC issued two infringement notices relating to Instagram influencer reviews that allegedly contained misleading representations.

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