Source: Australian Ministers for Regional Development
Hismile, an Australian oral and personal care company, has paid $138,600 in penalties after the ACCC issued it with seven infringement notices for alleged false and misleading representations in its social media advertising.
Hismile posted videos on its social media platforms, where apparently random shoppers in a public setting tried Hismile’s products and expressed their satisfaction with the results.
However, the “random shoppers” in the videos were Hismile employees. The seven infringement notices relate to these videos.
“Misleading social media advertisements can reach millions of consumers and may impact their purchasing decisions. All businesses must ensure they are not making misleading or deceptive claims on social media platforms.” ACCC Commissioner Luke Woodward said.
In addition, Hismile uploaded videos to social media of its Glostik Tooth Gloss product which may have given consumers the impression that the product would remove stains on teeth.
The ACCC alleged that this was misleading, because the product only temporarily concealed stains.
“Hismile has admitted that its conduct in posting these videos to social media was, or was likely, misleading, in breach of the Australian Consumer Law,” Mr Woodward said
“As a result of these social media videos, consumers may have been misled into buying products that did not have 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,” Mr Woodward said.
Hismile to implement competition and consumer law compliance program
Hismile also provided a court-enforceable undertaking, committing to several actions to address the ACCC’s concerns.
As part of its commitment, Hismile will establish and implement a competition and consumer law compliance program and will publish a notice on its website and social platforms, informing consumers about the ACCC action.
Hismile has also agreed that:
- it will not represent that any of its staff is a random member of the public providing a testimonial, review, or commentary regarding any Hismile product.
- it will not represent that Glostik Tooth Gloss, or any other product, produces permanent results, when this is not the case.
A copy of the undertaking is available at: Hismile Pty Ltd | ACCC
Background:
Hismile manufactures and supplies oral care products, cosmetic products, electric toothbrushes, lip balms, and related ancillary products.
Hismile products are available to purchase through its website, third-party e-commerce platforms and at various retail outlets. Hismile’s products are sold in Australia and overseas. The Glostik Tooth Gloss product has been discontinued.
In March 2026, online photobook business Tomsem Consolidated Pty Ltd, trading as PhotobookShop, paid $39,600 in penalties after the ACCC issued it with two infringement notices for alleged misleading influencer reviews it posted on Instagram.
In January 2023, the ACCC conducted its first social media sweep targeting influencers.
In December 2023, the ACCC provided an update on its work on misleading reviews on social media and published a report on the internet sweep and a report on social media testimonials and endorsements.
More information about online reviews is also available on the ACCC website.
Consumers who are not satisfied with the products they received from Hismile should contact the business regarding their concerns.