Migliaccio & Rathod LLP is currently investigating The Proctor & Gamble Company (P&G) over reports that they marketed their new Crest Whitening Emulsions teeth-whitening product using false and misleading claims. The National Advertising Division (NAD) of BBB National Programs recently concluded that P&G’s marketing for this product relied in large part on claims not supported by the available evidence. Upon review, the NAD report recommended that P&G discontinue each of the following unsupported claims:
- “Best in class results”
- “Starts working instantly”
- “Get a whiter smile in seconds”
- “Stays on 10x longer”
- “Delivers 5x more active hydrogen peroxide compared to other whitening gels and pens”
In other instances, the report found that P&G failed to “clearly and conspicuously” specify that the main product of comparison for claims was produced by P&G itself, and not a competitor. The NAD report recommended that P&G clearly disclose in its marketing for Crest Whitening Emulsions that claims of “better” and “100% whiter results,” among others, are wholly unsupported unless in comparison to the performance of P&G’s own ARC Pen product.
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The lawyers at Migliaccio & Rathod LLP have years of experience in class action litigation against large corporations, including in cases involving unfair and deceptive trade practices. More information about our current cases and investigations is available on our blog.