Australian oral care brand HiSmile was fined $138,600 [1] for using misleading social media videos to promote its products.
The penalty highlights the increasing scrutiny of "influencer-style" marketing and the legal requirements for authenticity in digital advertising. As companies increasingly use short-form video to drive sales, regulators are cracking down on deceptive practices that blur the line between professional medical advice and paid promotion.
The Australian Competition and Consumer Commission (ACCC) determined that HiSmile used false and misleading representations in its advertising campaigns. The regulator said the company produced videos featuring a sales professional and other staff members who were dressed as health workers [1, 2]. These videos were distributed across various social media platforms to create a false impression of professional medical endorsement.
The ACCC issued seven infringement notices [1] to the company. This enforcement action followed a determination that the videos violated Australian consumer law by deceiving the public about the nature of the individuals promoting the products. While some reports describe the total penalty as nearly $140,000 [3], the specific amount levied was $138,600 [1].
HiSmile has built a significant global presence through viral marketing and social media engagement. However, the ACCC found that the use of staff members posing as medical professionals constituted a breach of transparency. The regulator's action serves as a warning to other brands utilizing social media to reach younger audiences, specifically regarding the use of fake reviews or staged endorsements.
The company's strategy relied on the perceived authority of health professionals to validate its oral care claims. By dressing staff in medical attire, the brand attempted to lend a veneer of clinical legitimacy to its marketing materials. The ACCC's intervention ensures that such representations are flagged as deceptive under the law.
“HiSmile was fined $138,600 for using misleading social media videos to promote its products.”
This enforcement action signals a shift in how regulators approach social media marketing, moving beyond simple disclosure labels to penalizing the active fabrication of professional credentials. By targeting a brand that relies on viral growth, the ACCC is establishing a precedent that the 'aesthetic' of a medical professional cannot be used as a marketing tool unless the individuals are actually qualified health practitioners.
