According to the 20-page false advertising case, Elizetxe Joshua, the founder of Snow and Gronkowski Mayweather, LLC, Foresold LLC, charged consumers nearly $200 for at-home teeth whitening products that were ineffective in comparison to other similar sold items and had very cheap lights, resulting in nothing more than a minimal amount of use.
Additionally, the lawsuit alleges that the defendants’ categorical assertions regarding the product’s widespread appeal, endorsement by the FDA, recognition and honors, and ability to combat germs are all untrue.
The lawsuit alleges that the defendants have engaged in a fraudulent scheme to deceive consumers by peddling other wired teeth whitening devices and kits, such as the “Original” Kit, All-in-One Whitening Teeth At-Home Mouthpiece with LED Accelerating Light, demonstrating a complete disregard for human decency and a wide-spread display of greed during the COVID-19 pandemic.
The lawsuit, which was filed in New York’s Eastern District Court, alleges that the Defendants assert without a doubt that their teeth whitening light yields astonishing outcomes, however, scientific analysis conducted by an external laboratory demonstrates that their light actually has no impact on improving their product’s alleged capacity to whiten teeth.
What if I bought the products and don’t live in New York?
If you are not a resident of New York, it is possible that lawsuits centered on similar claims may be filed in other states, looking to represent buyers outside of New York who have purchased Snow teeth whitening products. It’s not entirely out of luck.
If that occurs, we will revise this article. Make sure to revisit for any updates.
Meanwhile, you can register for ClassAction.Org’s complimentary weekly newsletter here.
Red light, blue light?
The lawsuit relays that Snow teeth whitening products, which have been peddled to consumers, come with LED lights in different colors that raise questionable suggestions about fighting germs.
The lawsuit claims that the defendants’ advertisements and public statements definitely “do not reference any,” further stating that there are no studies indicating that “an expensive blue or red LED light significantly enhance the disinfectant properties of hydrogen peroxide.” According to the complaint, another advertisement, mentioning quarantine, implies that a red LED light “choice” will prevent infection, while one of the defendants’ ads falsely implies that a blue LED light and hydrogen peroxide will shield Snow users from germs and bacteria.
The lawsuit claims that the FDA has given its approval and that their wired teeth whitening light, the type showcased in promotional advertisements with Gronkowski and Mayweather, is either patented or pending a patent. Furthermore, the defendants are accused of making fraudulent additional claims.
The lawsuit states that the FDA does not require approval for cosmetic products, including those used for teeth whitening. Nonetheless, the FDA has never granted approval for any of the products made by the defendants. In any case,
After TruthInAdvertising.Org published an article in June 2019 criticizing Snow for utilizing the FDA logo, the company supposedly started hiding the symbol in its advertisements and social media posts.
The lawsuit alleges that the defendants could benefit from checking the facts a bit more before spreading falsehoods. In addition, the defendants are also accused of making false statements regarding FDA approval, as well as being accused of fabricating accolades and awards from well-known publications.
Their lies are so brazen they falsely claimed to have customers in over 200 countries around the world, yet there are not even 200 countries in the world.”
The lawsuit asserts that overall, the defendants have opted to minimize the fact that their teeth whitening products have received negative feedback from the general public. Their rating on the Home Shopping Network stands at “just 2.7 out of five,” whereas the defendants assert to have “500,000 satisfied customers and 16,000 five-star reviews” in regards to the apparent success of Snow teeth whitening products.
The lawsuit claims that similar items provided by rival companies, typically priced below $50 per set, are much more widely favored. The defendants, however, have failed to reveal the quantity of dissatisfied consumers like the Plaintiff.
According to the lawsuit, the defendants are allegedly overcharging customers by an additional $100 for a light that has no effect on teeth whitening. It is claimed that customers can buy whitening strips or whitening pens from various competitors for less than $50, possibly even under $40 or $30.
Lawsuit claims Snow teeth whitening products are ineffective
Since Snow’s teeth whitening serum is essentially a combination of two peroxide compounds, hydrogen and carbamide, there is nothing unique about it, contrary to the defendants’ assertion. The lawsuit criticizes the defendants.
The lawsuit alleges that the independent testing lab, citing false claims made by Snow, states that the results users see from using their teeth whitening lights are not as fast as they claim. Despite selling an add-on product called “desensitizing gum” specifically made for sensitive teeth, Snow’s teeth whitening lights may still cause sensitivity, contradicting their absurd claim that their products do not cause sensitivity. The complaint further condemns the defendants.
In October 2019 on trysnow.com, Defendants claimed that the All-in-One Kit has a patent-pending LED mouthpiece that accelerates the teeth whitening process.
When testing the effectiveness or speed of whitening, an independent laboratory performed tests on Defendants’ teeth whitening products using Snow’s serum alone, compared to the added benefit of using a mouthpiece with LED technology.
Put differently, independent lab testing revealed that Defendants are lying to consumers by suggesting that their expensive light will accelerate whitening results, when in fact it does no such thing.”
The lawsuit alleges that the listed components for the Snow teeth whitening serum, which is sold on HSN, do not encompass any photo-catalyst. Furthermore, the lawsuit continues to assert that Elizetxe “misled the audience” during his appearance on the Home Shopping Network in November 2019 by stating that the Snow serum contained a photo-catalyst. This ingredient aids in expediting teeth whitening by hastening the decomposition of peroxide when exposed to light.
The lawsuit claims that Elizetxe, the founder of Snow, does not personally use the products. There are no scientific studies to support the defendants’ claims. The defendants have not invested as much time or money in the Snow teeth whitening products as they assert in the lawsuit, which states “3 years and over $2.3 million in Research & Development”.
The suit claims that Elizetxe falsely asserts that his white teeth are a result of using Defendants’ products, although he actually conceals the fact that he uses veneers from hides.
Who’s covered by the lawsuit?
The lawsuit alleges violations of New York General Business Law, which looks to represent New York residents who bought the All-in-One Whitening Teeth At-Home Kit, a teeth-whitening device that uses a wired or light-accelerating mouthpiece.
How do I sign up for the lawsuit?
In this case, consumers would need to take action to learn more about it. If and when a lawsuit settles, it can be considered as part of a class action and you don’t need to do anything in general, or join if you so choose.