On 31 October 2012, the EU Council Directive 2011/84/EU (amending EU Council Directive 76/768/EEC) came into force in the UK. It sets out who can use what strength of product when carrying out tooth whitening. In the UK, the changes were brought into force by the European Communities (Cosmetic Products) Regulations 2004 to 2013 (‘the Regulations’).
The Regulations say that products containing or releasing up to 6 per cent hydrogen peroxide can be used, as long as:
- Products of this strength are sold only to dental practitioners.
- A dentist has first examined the patient to make sure there are no risks or any other concern about their oral condition.
- The patient is over 18 years old.
- For each cycle of use, first use is by a dental practitioner or under their direct supervision by a dental hygienist or dental therapist.
Tooth-whitening products and kits bought over the counter on the internet can legally only contain up to 0.1 per cent hydrogen peroxide. This concentration is too low to have any noticeable effect on the colour of the teeth.
Products that contain over 0.1 per cent hydrogen peroxide can legally only be sold to a dentist. In November 2012, the internet trader Mr Barrington Charles Armstrong Thorpe was successfully prosecuted by Trading Standards for misleading consumers and illegally supplying tooth-whitening products that contained excessive levels of hydrogen peroxide. (See the News section for a full report.)
Who cannot provide tooth whitening?
The General Dental Council takes the view that applying materials and carrying out procedures designed to improve the aesthetic appearance of the teeth amounts to ‘the practice of dentistry’. This was recently confirmed by the High Court when it overturned a magistrates court’s decision to acquit Ms Lorna Jamous of the offences of practising dentistry and unlawfully carrying on the business of dentistry when not registered by the GDC. (See the News section for the full report.)
Therefore, this confirms that tooth whitening can only be provided by a qualified and registered dentist, or a dental hygienist or dental therapist working to the prescription of a dentist.
- The Cosmetic Products (Safety) (Amendment) Regulations 2012
- GDC – Tooth Whitening
- Dental Protection – Tooth Whitening
- Trading Standards – product safety advice for businesses
- Time for tooth whitening danger to end says BDA
- Decontamination Health Technical Memorandum 01-05: Decontamination in primary care dental practices