Floyd Mayweather Jr. and Rob Gronkowski Named in $5 Million Class-Action Lawsuit
Boxing legend Floyd Mayweather Jr. and Tampa Bay Buccaneers star Rob Gronkowski were cited as defendants in a class-action suit of $5 million against the Phoenix teeth-whitening company — Snow Teeth Whitening LLC. Both star athletes found themselves legally involved in the case after endorsing the allegedly ‘fraudulent’ teeth-whitening products, and are listed as partners in the company.
The lawsuit was filed in New York federal court in Brooklyn on December 14, 2020, by Long Island resident Burton Kraus. According to the complaint, one of the company’s products, the LED teeth whitening mouthpiece, allegedly fails to whiten teeth despite its claim of achieving the results. The suit also claims the product to be overpriced.
Both Gronkowski and Mayweather have been using different social media platforms and digital ads to display the use of the $199 LED product.
In July 2017, Snow Teeth Whitening launched its first teeth whitening product. According to the Phoenix Business Journal, the company was reportedly earning about $5 million in monthly sales, and expected to increase the numbers with the release of its wireless device priced at $300 each.
The company claims that it has a global customer base and released its Food and Drug Administration (FDA) approval statements. However, the lawsuit cites both the company’s global customer base and FDA approval claims as being false. According to a report, the product did not receive FDA approval.
The company plugged its product’s popularity through a December 15, 2020 press release. It claimed that the product is “proven by Dental Advisor, a leading dental publication, to have an 87% approval rating among dental professionals after conducting their own clinical evaluation.”
The suit also alleges that Snow’s LED light is accompanied by a serum, a blend of two types of peroxide, and is not a company proprietary.
The plaintiff, Kraus, is represented by attorney Steven Mintz. The lawsuit seeks to represent an inclusive class, all New York residents, who have purchased the product. The suit is seeking at least $149 in damages for individual members of the class in addition to other penalties.
Kraus alleges that false claims were made by the defendants about the device’s ability to kill germs through its LED light. The complaint stated, “Defendants unjustifiably charge over a hundred dollars more than arguably comparable products based on their false claims that the lights they sell to consumers will dramatically improve the whitening power and antiviral or antiseptic qualities of Defendants’ accompanying products.”
The complaint further stated, “In reality, Defendants’ lights are ineffective for those purposes and are very cheap lights that are similar to models sold online for less than five dollars. While Defendants unequivocally claim that their teeth whitening light delivers amazing results, independent lab testing proves that their light does nothing to enhance their product’s purported ability to whiten teeth.”
The plaintiff, through his attorney, also accused the company of making false claims related to the product’s power to protect users from COVID-19, stating, “Demonstrating greed and a complete disregard for human decency, Defendants even seek to profit from the false suggestion that their products will protect customers from the deadly COVID-19 virus.”
The suit also claims that one advertisement falsely states that the device’s hydrogen peroxide and blue LED light will protect users from bacteria and germs.
The suit references a complaint filed with the Better Business Bureau, detailing its customer service department’s flaws. The complaint read, “They have several celebrities promoting their product, which is one reason I felt it was worth purchasing. I am not only troubled by how they can get away with non-existent customer service, but how easily they can use what appear to be professional testimonials to make such a shoddy product appear to be high quality.”
Gronkowski has allegedly been compensated repeatedly for promoting the defendants. Additionally, Mayweather received compensation for using his brand value to promote the products.