Advice on Teeth Whitening Discussion Thread

consumeradvice

Mega White run another business using peroxide, so I can understand why they withdrew.

I can understand why other people are concerned too and rightly so, as some people continue to use strong peroxides. The people I can find in my area are using peroxide and this needs to be stopped.

The public can report concerns to their Trading Standards or the GDC.

Toothsmith

consumeradvice wrote: »

I have taken advice from a barrister on this and have raised a concern with EU. The dentists are actively lobbying to stop teeth whitening being carried out by a non-dentists, but this can never happen for the reasons outlined above. You cannot prosecute someone for using a legal product e.g. whitening toothpaste on another person, your friend, child etc.

Would you mind actually declaring what your interest is here?

The opinion of a barrister is not law either, and there would be barristers on both sides of the argument if it came to as proper court, and one of them would lose!

As you say, you cannot be prosecuted for brushing someone's teeth. But a beautician looking in someone's mouth to see if they are suitable for whitening is a beautician conducting a dental examination, and then prescribing a procedure.

They are not qualified, registered or competent to make such decisions, and it is irrelevant what chemical they then go on and use - the illegal act has already been committed.

brook2jack

Actually the prosecutions for illegal practice of dentistry were nothing to do with the material used, those prosecutions for use of hydrogen peroxide are by trading standards. The gdc only is legally charged by the dentists act to protect the public against illegal practice of dentistry such as tooth whitening by non dentists.

Only one case was appealed on a technicality, it was claimed the beautician didn't recieve the court papers in time , and that's going back to court. All the others have been sucessful again I'm still on a phone and will post links later but googling gdc prosecution tooth whitners should bring up most of the cases. If you research you will see the material used is not mentioned, only illegal practice of dentistry. Some of the companies prosecuted have been mentioned on this forum and clients were well aware the people doing treatment weren't dentists, hygienists or dental therapists. They just werent aware the danger they were in from illegal whiteners. If you read the magistrates comments on the pearl national case he points out the dangers well.

If you read the Devon beauticians case (cosmetologist) his defense that he wa a qualified beautician and tooth whitener and so by the house of lords optident ruling legal to do whitening was deemed nonsense by the magistrate.

Even the nhs link above states the law, only dentists or hygienists or dental therapists working to a dentists prescription can legally whiten teeth.

This makes perfect sense when anyone can run a three hour or one day course, which includes how to recognise dental disease , crowns, decay etc , give a piece of paper out and " certify" anyone off the street as being competant to assess someone as fit to have toothwhitening. Oh and charge people a lot of money reassuring them wrongly , what they are doing is legal. Alternatively someone can study for five plus years, have a legally recognised qualification , inspections, insurance and redress, to make sure you are healthy enough to have appropriate treatment in a safe, clinical enviroment.

welshdent

Yet again the undercurrent of the allegation is we only care about the money. If that's the best argument they have then god help them I court.

Teethwhiteninguk

brook2jack wrote: »

Actually the prosecutions for illegal practice of dentistry were nothing to do with the material used, those prosecutions for use of hydrogen peroxide are by trading standards. The gdc only is legally charged by the dentists act to protect the public against illegal practice of dentistry such as tooth whitening by non dentists.

Only one case was appealed on a technicality, it was claimed the beautician didn't recieve the court papers in time , and that's going back to court. All the others have been sucessful again I'm still on a phone and will post links later but googling gdc prosecution tooth whitners should bring up most of the cases. If you research you will see the material used is not mentioned, only illegal practice of dentistry. Some of the companies prosecuted have been mentioned on this forum and clients were well aware the people doing treatment weren't dentists, hygienists or dental therapists. They just werent aware the danger they were in from illegal whiteners. If you read the magistrates comments on the pearl national case he points out the dangers well.

If you read the Devon beauticians case (cosmetologist) his defense that he wa a qualified beautician and tooth whitener and so by the house of lords optident ruling legal to do whitening was deemed nonsense by the magistrate.

Even the nhs link above states the law, only dentists or hygienists or dental therapists working to a dentists prescription can legally whiten teeth.

This makes perfect sense when anyone can run a three hour or one day course, which includes how to recognise dental disease , crowns, decay etc , give a piece of paper out and " certify" anyone off the street as being competant to assess someone as fit to have toothwhitening. Oh and charge people a lot of money reassuring them wrongly , what they are doing is legal. Alternatively someone can study for five plus years, have a legally recognised qualification , inspections, insurance and redress, to make sure you are healthy enough to have appropriate treatment in a safe, clinical enviroment.

Response:

Greg Stafford, from the GDC, said that while it takes the issue seriously and will prosecute, it is “hampered by a lack of powers”.

“We do not have powers to enter a property to see if the practice is going on, we can do it when they pop up in shopping centres but behind closed doors it is very difficult to prove. We need evidence of patient harm;” he said.

THIS HAS TO BE PEROXIDE

The GDC is currently unable to successfully prosecute via any additional laws, other than the Dental Act which covers illegal practice, as the process of proving that someone was practicing tooth whitening whilst knowing they could cause damage and harm is difficult.

THIS CAN ONLY BE PEROXIDE. NON PEROXIDE PRODUCTS OR THOSE RELEASING 0.1% ARE SAFE TO USE BY THE PUBLIC UNSUPERVISED AND EU LAWS PROTECT THE PUBLIC FROM HARMFUL COSMETICS.

A DENTIST MUST SUPERVISE THE PATIIENT FOR PRODUCTS RELEASING >0.1% TO 6% PEROXIDE.

I AM NOT SURE IF THE DENTISTS SUPERVISES THE FIRST CYCLE AS PER THE NEW LEGISLATION, AS THEY WOULD HAVE TO SLEEP OVERNIGHT AT THE PATIENTS HOUSE FOR THE FIRST CYCLE OF AN OVERNIGHT TREATMENTS. FOR EXAMPLE ENLIGHTEN
_______________________________________________________

You do not need any qualifications or dental supervisions to administer products releasing 0.1% peroxide or less. The law is Chrystal clear about this. Hence, the reason consumers can purchase and use these products freely without seeking permission from their dentist.

Non dentists do not need to diagnose dental health issues and should not be trained to do so. I agree this is not appropriate.

Asking the client to identify contraindications as per the labeling on teeth whitening products bought from the chemist is normal practice in the beauty industry and the beautician will ask their client to complete a consent form. Trading Standards see this as providing a duty of care, not dentistry.

Many reputable providers do not touch the client at all.

brook2jack

Read the court reports. The prosecutions are for illegal practice of dentistry hydrogen peroxide not even mentioned e.g. http://www.gdc-uk.org/Newsandpublications/Pressreleases/Pages/Court-imposes-fine-for-illegal-tooth-whitening-.aspx

Peroxide use is the remit of trading standards who will prosecute seperately eg http://www.kentonline.co.uk/kentonline/news/2011/october/26/tooth_whitener.aspx


Completely different offenses both equally illegal.

Teethwhiteninguk

The judge mentions the lack of insurance and therefore this is a public health issue and there was potential for harm.

I cannot open the second link but I presume it was is referring to guy who sold 10% peroxide on-line and was jailed after failing to heed a warning.

The original case several years ago involved peroxide and harm during a demonstration by a rep selling teeth whitening equipment to a group of dentists. He claimed to be dentist from memory too.

Style Smile case was a public health issue, lots of evidence of public harm reported due to the use of 35% peroxide on the net. His website provided many examples of the practice of dentistry. I have a saved copy. Not sure if TS got involved.

Pearl National used peroxide and there were many complaints of harm on the net. Dental supervision is required when using peroxide and there was no dental director on the board.

Not sure what occurred with the beautician, a client complained about the manner of her treatment!

Toothsmith

And to repeat, from the NHS choices website

http://www.nhs.uk/Livewell/dentalhealth/Pages/teeth-whitening.aspx

Who can perform teeth whitening?

The General Dental Council, the organisation that regulates dental professionals in the UK, has decided that teeth whitening is a form of dentistry. This means that you should only have your teeth whitened by a dentist or another dental professional, such as a dental hygienist or dental therapist, on the prescription of a dentist.

Some beauty salons offer teeth whitening, but this is illegal if there's no dental professional present, and it may put your oral health at risk.

NOTE - This is NOT a dentist's website, but a Government NHS advice website.

NOTE - There is NO mention of any particular chemical - whitening by a beautician IS illegal

Please do not misrepresent the truth, or cloud the issue with irrelevant details.

I am not in the least bit sorry for the 'industry' that has made a fortune flogging this kit to unsuspecting beauticians and selling them weekend training courses with worthless certificates, maybe even 'giving' them the training if they order £X,000 worth of product.

I am sorry for the unsuspecting people who have been duped into buying this stuff and setting up the businesses. The GDC and trading standards should have been onto it years ago, but the whole issue got clouded by the Department of Health mucking about with definitions of cosmetics. ( That's where the illegal whitening industry is still trying to cloud things)

But - that issue has been resolved, and now the focus is back on protecting the public from poorly trained operators. Everyone, from the big, high profile X Factor TOWIE whiteners right down to Stacey and her mobile whitening business are in the sights, and will soon be stopped.

So - if you are a beautician doing whitening. Stop now.

If you are a beautician with a rep trying to sell you product and a course, ring up the GDC and trading standards to report them, and don't touch it with a bargepole.

If you are from the industry that has made a fortune from this, and duping the unsuspecting into either setting up a business, or having their teeth whitened by people who don't really know what they're doing. If you're one of those whose training courses have been run by either fake or struck-off dentists. Then I hope you will soon either get your bottoms sued off, or heavily fined, or thrown in jail.

If you're a member of the public who has been harmed by one of these places, then get in touch with the GDC at IllegalPractice@gdc-uk.org and report them.

brook2jack

No the second link is about allwhite 3000 a tooth whitening company. This is the case you were thinking of where the seller was jailed http://www.dailymail.co.uk/news/article-2232745/Barrington-Armstrong-Thorpe-jailed-16-months-selling-illegal-tooth-whitening-gel-online-100-TIMES-safe-level-cleaning-chemicals.html

Smilestyle advertised as peroxide and bleach free.

There have been several beautician s prosecuted for illegal whitening and indeed if you read this legal analysis it is the illegal practice of dentistry they have been prosecuted for. They have not claimed to be dentists and neither has the solution they are using been relevant. They are prosecuted because assessing someone as suitable for or carrying out tooth whitening is dentistry http://www.shoosmiths.co.uk/client-resources/legal-updates/protected-titles-dentistry-2998.aspx

Teethwhiteninguk

I wrote to the Department of Health for clarification, they referred me to the GDC.

I have written to the EU, they confirmed that non-dentists can deliver teeth whitening.

I have contacted a barrister specialising in GDC matters and it was confirmed that it was not illegal providing the treatment was carried our in a particular manner.

Another lawyer confirmed this too.

I spoke to Trading Standards and they confirmed that providing certain criteria are met it is not illegal.

The GDC representative confirmed (see above) their role is to protect the public from harm. You cannot be harmed by a product that is safe to purchase over the counter.

I do not fall into any of the groups you mention above. I am interested in consumer protection, the law, fair play and not opinions.

I look forward to receiving a further update from my MEP.