Jail for tooth whitening salesman
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- Published: Wednesday, 14 November 2012 20:31
- Written by News Editor
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Mr Thorpe had been involved in the sale of a tooth whitening product since at least 2005 through a company called Smile Brighter Marketing Limited. After the company was liquidated, Mr Thorpe continued to sell the product as a sole trader.
The active ingredient in the tooth whitening product is hydrogen peroxide and the levels that are permitted are set by the Cosmetic Product Regulations 2008. These regulations state that an oral product cannot contain, nor release a quantity of hydrogen peroxide that exceeds 0.1%. The levels in the teeth whitening product sold by Mr Thorpe via the web were at least 65 times this limit, sometimes reaching 103 times this limit.
It is understood that Mr Thorpe first became involved in selling this product on return from the USA after making an acquaintance with a supplier. In 2007 Mr Thorpe was informed by Bath Trading Standards that the tooth whitener he was selling was not compliant with the regulations. Nevertheless, Mr Thorpe continued to trade. In 2009 he was contacted by Essex Trading Standards, and an investigation into his business was undertaken. Mr Thorpe accepted a caution in 2010, acknowledging that the tooth whitener was illegal. Still, Mr Thorpe failed to cease trading and Essex Trading Standards launched a prosecution.
The jury found unanimously that Mr Thorpe was guilty of misleading consumers as to the legality of the product, and also for not providing information on the website that is required by law. Mr Thorpe pleaded guilty to the breaches of the Cosmetic Products Regulations. These charges included the supply of a product containing excessive levels of Hydrogen Peroxide and for deficient labelling of the tooth whitener.
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