GDC works with Groupon to stop illegal tooth whitening
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- Published: Friday, 21 June 2013 14:54
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Tooth whitening is the practice of dentistry, says the GDC. Sections 37 and 38 of the Dentists Act 1984 state that dentistry can only legally be undertaken by individuals who are regulated by the GDC; specifically dentists, or hygienists or therapists working to a dentist’s prescription. This was confirmed by the High Court when in May 2013 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 regulated by the GDC. Ms Jamous was convicted of these two offences and the case has been remitted to Westminster Magistrates' Court for sentencing.
As the leading UK provider of ‘daily deals’, Groupon has already taken action not to offer tooth whitening deals from individuals who are not regulated by the GDC. The GDC is now seeking similar assurances from other ‘daily deals’ companies. Dental professionals who are regulated by the GDC are also reminded that if they sign up to offer deals relating to dental treatment through Groupon or other such services, they must assess the patient, obtain appropriate consent, obtain a medical history and explain all the options before carrying out any work.
The GDC adds: ‘Several companies which produce tooth whitening systems maintain that, since tooth whitening products are covered by the European Council Directive on Cosmetic Products 2011/84 EU ("the regulations"), their agents are carrying out a cosmetic procedure and not practising dentistry. This is an incorrect interpretation of the law.The regulations state that tooth whitening products containing or releasing between 0.1%-6% hydrogen peroxide should not be made directly available to the consumer, other than through treatment by a registered dentist (or dental hygienist or dental therapist working to a dentist’s prescription). Breach of these regulations is a criminal offence. In addition, it is illegal under these regulations for tooth whitening products which contain more than 6% hydrogen peroxide or for any associated products which release greater than 6% hydrogen peroxide to be supplied or administered for cosmetic purposes.
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