The Australian oral care brand Hismile has been hit with $138,600 in penalties following an investigation by the Australian Competition and Consumer Commission (ACCC) into deceptive marketing practices. The Queensland-based company, which commands a massive digital presence with millions of followers across TikTok and Instagram, was found to have misled consumers through a series of staged social media videos. Despite the brand’s high-profile status and partnerships with global celebrities such as Kim Kardashian, the ACCC determined that the content violated Australian Consumer Law by misrepresenting the authenticity of its product endorsements.
The crux of the controversy involved a series of promotional clips in which Hismile presented individuals as “random shoppers” captured in public, praising the effectiveness of the company’s dental products. The ACCC revealed that these individuals were not spontaneous consumers at all, but were actually employees of the firm. By masking staff members as unbiased members of the public, Hismile deceived its vast audience, potentially influencing the purchasing decisions of millions of social media users who assumed they were viewing genuine, independent feedback.
Beyond the staged reviews, the competition watchdog took issue with Hismile’s marketing claims regarding its “Glostik Tooth Gloss.” Videos promoting the product suggested it could remove tooth stains, a claim the ACCC identified as misleading. In reality, the product was only capable of temporarily concealing stains rather than offering a permanent whitening solution. Hismile has since admitted that these representations were likely to mislead consumers, who may have been prompted to purchase the product under the false impression that it provided lasting results.
In response to the ACCC’s concerns, Hismile has paid the infringement notices and agreed to a legally binding undertaking. The brand must now implement a comprehensive competition and consumer law compliance program to prevent future transgressions. Furthermore, the company is required to publish a public notice regarding the ACCC’s findings on its website and social media channels and has formally committed to ceasing the deceptive practice of presenting employees as impartial reviewers, as well as guaranteeing that its marketing will no longer misrepresent the longevity of its products’ effects.
ACCC Commissioner Luke Woodward emphasized the gravity of the situation, noting that misleading advertisements in the digital space carry significant weight because they can reach massive audiences instantaneously. Woodward stressed that the commission has made addressing manipulative advertising within the digital economy a high priority, reminding businesses that they hold a responsibility to ensure all social media content is honest and transparent. He noted that consumers have a right to rely on accurate information when choosing products, and Hismile’s actions undermined that fundamental fair-trading principle.
This enforcement action serves as part of a broader, ongoing crackdown by the ACCC on deceptive marketing practices in the digital age. Earlier this year, the watchdog penalized PhotobookShop nearly $40,000 for failing to disclose influencer remuneration and manipulating reviews, marking a landmark moment for regulatory oversight of influencer marketing in Australia. With an active investigation into more than 100 other influencers and brands reported by the public, the regulator is signaling a firm stance against the erosion of trust in online promotional content, ensuring that transparency remains a requirement in the digital marketplace.
