PurelyWhite Deluxe Teeth Whitening Kit

On the back of boxes containing its teeth whitening kits, PurelyWhite Deluxe displays the FDA’s logo. However, the kits, which are available at major retailers such as Target, Walmart and Walgreens, have not been approved by the FDA.

That’s because, as we have noted before, the FDA doesn’t approve teeth whitening kits, which fall into a category of low-risk medical devices called Class I products that are generally not subject to any premarket review by the FDA.

As for the FDA logo that appears on the packaging, which was flagged by a TINA.org reader, the FDA prohibits its name and logo from appearing on “private sector materials.” The agency says it does this to avoid sending “a message to the public that the FDA favors or endorses a private sector organization or the organization’s activities, products, services, and/or personnel (either overtly or tacitly), which the FDA does not and cannot do.”

But wait, there’s more.

While the teeth whitening kit’s product page touts “Guaranteed results,” the actual terms of the company’s “Money-Back Guarantee,” which you can only access by clicking on “Refund Policy” at the bottom of the website, contain some confusing and seemingly conflicting information regarding how long you have to try the product and get your money back if you aren’t satisfied with the results.

The terms state that you must submit a refund request within 12 days of receiving the kit, but also that you must have used up all the applications in the box (“We guarantee that your teeth will improve by a minimum of 2 shades whiter after full completion of our Teeth Whitening Kit applications.”). The box says it contains 15+ treatments, which means you need to use the product more than once a day to finish the box within the refund request window. Meanwhile, the company recommends to use the product “at least 3-4 times per week until you see your desired results.”

Given all this, it may come as no surprise that several consumers in the last year have complained to the BBB of (among other things) encountering issues when they’ve attempted to take advantage of the company’s money-back guarantee.

In addition, the BBB notes on the company’s business profile that it wrote to PurelyWhite Deluxe in July 2021 regarding violations of its advertising code related to “continuous comparative/discount pricing,” but that the company failed to respond. TINA.org found that PurelyWhite Deluxe has advertised its current “discounted” price of $49.99 several times before going back to May 2022.

According to FTC regulations regarding deceptive pricing:

Where the former price is genuine, the bargain being advertised is a true one. If, on the other hand, the former price being advertised is not bona fide but fictitious—for example, where an artificial, inflated price was established for the purpose of enabling the subsequent offer of a large reduction—the “bargain” being advertised is a false one; the purchaser is not receiving the unusual value he expects. In such a case, the “reduced” price is, in reality, probably just the seller’s regular price.

TINA.org reached out to the company for comment. Check back for updates.

Find more of our coverage on misleading FDA marketing claims here.