7/27/2019 Important Info for All Non Dental Teeth Whitening Companies

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IMPORTANT INFO FOR ALL NON DENTAL TEETH WHITENING COMPANIES

Since 2010 the GDC has been openly challenging EU law by harassing - through threatening lettersand demolishing articles - tooth whitening providers using EU-compliant gels (containing or releasingless than 0.1% hydrogen peroxide).

We would like to stress the fact that the GDC is sending threatening messages to ANY spa,

salon or service provider offering teeth whitening, even to those who havent actually started

their activity. This proves that they dont do proper investigation to find out if any ilegal

activity is going on (they dont know what products are being used - more or less than

0.1%hp -, they dont know whether the spa or salon owners hold themselves out to be medical

practitioners or not, etc). They systematically and randomly contact ANY tooth whitening

provider they come across. This is INDISCRIMINATE harassment and difamation without

any justification or legal base.

We all agree that if a tooth whitening provider is using gels that contain more than 0.1%

hp and is not a dental professional, or if spa and salon owners give themselves out as dental

professionals while they are not, that this is a criminal offence. We welcome any legal action

being taken against such offenders. HOWEVER, the truth is that the vast majority of spas and

salons in the UK fully comply with the law and are honest, legitimate service providers. What

is particularly worrisome is the fact that the GDC doesnt seem to be after real law offenders

but rather after ANYONE who engages in teeth whitening activities without being a dental

professional.

The GDC has succeeded to manipulate the public opinion and even many institutions (such

as some Trading Standards and City Council Offices) into believing that teeth whitening

performed by non-dental professionals, regardless of the gels used and how they presentthemselves, is the act of dentistry and therefore ILEGAL. The GDC deliberately omits many

legal facts in order to mislead and manipulate the public to suit their purposes. As a result,

they have caused hundreds of teeth whitening companies to go out of business and the UK

authorities dont seem to be able to put an end to this situation.

One example is a very recent case. The person in question was taken to court by the GDC in

2012 and in December 2012 was accqui ted on section 37 of the Dentist Act of 1984. Section

37 defines the practice of dentistry as follows: [] the practice of dentistry shall be deemed

to include the performance of such operation and the giving of any such treatment, advice or

attendance as is usually performed or given by dentists;and any person who performs any

operation or gives any treatment, advice or attendance on or to any person as preparatory toor for the purpose of or in connection with the fitting, insertion or fixing of dentures,

artificial teeth or other dental appliances shall be deemed to have practiced dentistry within

the meaning of this Act.

After the person in question was accquitted on section 37, the only one that defines what

dentistry is, the GDC appealed the decision and got a judge to finally sentence on sections

38 and 41 in May 2013, 2 sections which have nothing to do with teeth whitening

itself. Interestingly, finally the person in question was not convicted, did not have to pay any

fine, and only needs to pay 350 GBP for legal costs, at a rate of 5 GBP per week.

7/27/2019 Important Info for All Non Dental Teeth Whitening Companies

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Legally speaking nothing deems tooth whitening to be the act of dentistry. Its rather the

GDC who has the OPINION that tooth whitening should be regarded as the act of dentistry,

even though the Act doesnt state this and even though the law was drafted when chair-side

tooth whitening wasnt practiced in the UK. Both the House of Lords and the European

Commission clearly confirm that tooth whiteners are cosmetics and therefore automatically

fall under the EU Cosmetics Directive. The GDC and no other body have the authority toregulate NON dental professionals on the use of a cosmetic product and no law supports the

GDCs interpretation of the European Directive. In fact, the EU Cosmetics Directive clearly

states that dental background is only required when using gels between 0.1% and 6% hp and

when asked about the use of gels containing less than 0.1% hp in particular, this is the

European Commissions legal interpretation:" Accordance with the provisions of Directive 2011/84/EU, products

whi tening or bleaching teeth containing 0.1% or less of hydrogen

peroxide, present or released, can be freely placed on the market

and can be readi ly available to consumers. The Directive does not

impose restr ictions on the train ing of people who would use these

products. Consumers themselves can apply these products, as well

as dentists or others."

Even the European Dental Council (EDC) confirms that the legal

interpretation of the EU Cosmetics Directive should come from the

European Commission, clearly contradicting the GDCs position.As a result of the harassment suffered by the GDC, 3 teeth whitening companies have filed

petitions with the European Parliament and 2 of these petitions are already being

investigated by the European Commission on the basis of non-compliance with EU

legislation.We hope that the above information will help to clarify the legal status of teeth whitening in

the UK and to put an end to this debate, which has been going on for years now.