Flavored toothpaste and teeth whitening agent seller Hismile is facing a class-action lawsuit, accusing the company of allegedly misleading customers by making them believe items were for sale at a discount, when they allegedly actually were not.
On Feb. 23, named plaintiff Faith Ponce, of Valencia, filed suit in Los Angeles federal court on behalf of all customers who were allegedly misled by the company's deceptive pricing practices.
The plaintiff alleges that Hismile's advertised "sale" prices were fake, involving made-up regular prices, discounts, and expirations. For instance, the complaint asserts Hismile offers alleged "limited time only" discounts, which never actually expire. And the company allegedly offered a product bundle allegedly regularly priced at $36, but which is constantly available for significantly less. In short, the company allegedly never actually makes anyone pay the alleged full price for the items, but merely uses that dollar amount to make people believe they are receiving a deal.
The lawsuit asserts Hismile's alleged actions violated California’s False Advertising Law and Consumer Legal Remedies Act.
The plaintiffs are seeking unspecified damages, including restitution, disgorgement, treble damages, punitive damages and attorney fees.
They are represented by attorneys Christin Cho, Simon Franzini and Grace Bennett, of the firm of Dovel & Luner, of Santa Monica.