Beauty | Beautician's Illegal Teeth Whitening Case Reopened

[The Ed.]

A beautician from Lancaster, accused of whitening teeth illegally while working at Vanity Salon in Lancaster, has had the case against her reopened. Hayley Wilding, 25, was found guilty in her absence at Lancaster Magistrate's Court. Wilding didn't initially turn up to the hearing arguing that she moved house and didn't know anything about it.

Wilding was issued a £3,500 fine after being found guilty of unlawfully practising dentistry and carrying on the business of dentistry. Wilding said that she completed what she was led to believe was a legally certified tooth whitening training course and only found out about the court case in the press.

“I’ve been doing teeth whitening since last February, after I did a three-day course with a company down in Cardiff. It cost £400.

“When this came out they reassured me as long as I use non-peroxide products it’s perfectly legal.

“It’s so confusing. I just feel stupid and embarrassed and I feel like a criminal. If it’s the case that it’s illegal then they have just taken my money.”

The GDC said attending a tooth whitening training course does not in itself allow an individual to legally provide tooth whitening legally and that the type of peroxide used is irrelevant.

A GDC spokesman said, “If you want to carry out tooth whitening, either by yourself or as a business, you must qualify as dentist, dental therapist or a dental hygienist.”

The outcome of the first hearing will now be suspended until a second hearing can take place. The issue does raise serious questions about training qualifications when it comes to teeth whitening. It's yet another area that's pretty unregulated within the industry and if this case sets a precedent, it will need addressing.

Until then...geek on!

The Ed.

 

[carolannr70]

A close friend of mine was scammed by a company called megawhite. She was told that if she bought a franchise she would be fully licensed. Within a few weeks and after only a couple of customers she got a letter from the dental council that what she was doing was illegal! She tried to contact them but they are no longer at the glasgow or edinburgh address on their website!

Someone else was prosecuted recently:
Man prosecuted for illegal tooth whitening

 

[SapphireBeaux]

So does this mean all teeth whitening people are acting illegally if they aren't a trained dentist, nurse or hygienist?

That's scary as there's so many around my area!!

 

[happyfeet]

A friend of mine posted this on fb the other day. It's a pity they don't target the companies that offer these courses.

Sent from my GT-I9300 using SalonGeek mobile app

 

[Nicolahayley]

That is really scary!!! Eow


Nicola! Xxx

 

[AmeliaR]

I spoke to a student of mine recently that had just completed training, she was told on her course that as long as the client inserted the tray containing the product into their own mouths it is legal? Whether this is true I do not know

 

[80's Girl]

Looking through my professional beauty catalogue this morning I noticed that there's a tooth whitening company exhibiting there - they say " tooth whitening systems are available at PB from only £699". Are they doing this illegally then? Is there no regulation?

 

[Martin Duffy]

I spoke to a student of mine recently that had just completed training, she was told on her course that as long as the client inserted the tray containing the product into their own mouths it is legal? Whether this is true I do not know

I'm heard people say that as well, but I'm not sure whether it's true or not either, some companies will tell you anything to make a sale!

 

[carolannr70]

I'm heard people say that as well, but I'm not sure whether it's true or not either, some companies will tell you anything to make a sale!

i looked this up on the general dentist council website:

You may have been told that offering tooth whitening treatment to individuals by handing them trays for self-administration and asking them to sign consent forms circumvents the law:

​False. The Dentists Act makes it illegal for anyone who is not a dentist to give “treatment, advice or attendance” that would usually be given by a dentist. Handing an individual a tooth whitening tray and advising them on application, amongst other things, could constitute the giving of “advice or attendance” and would be illegal.

Tooth whitening FAQs

 

[Martin Duffy]

i looked this up on the general dentist council website:

You may have been told that offering tooth whitening treatment to individuals by handing them trays for self-administration and asking them to sign consent forms circumvents the law:

​False. The Dentists Act makes it illegal for anyone who is not a dentist to give “treatment, advice or attendance” that would usually be given by a dentist. Handing an individual a tooth whitening tray and advising them on application, amongst other things, could constitute the giving of “advice or attendance” and would be illegal.

Tooth whitening FAQs

Cheers for that - I thought that would be the case! I personally feel things like teeth whitening should be left to dental professionals, just like I feel Botox etc should be left to medical professionals. It's not like there's a shortage of other beauty treatments we can all offer!!

 

[Mimo9]

A close friend of mine was scammed by a company called megawhite. She was told that if she bought a franchise she would be fully licensed. Within a few weeks and after only a couple of customers she got a letter from the dental council that what she was doing was illegal! She tried to contact them but they are no longer at the glasgow or edinburgh address on their website!

This is one of Megawhite's latest posts!

Following a hugely successful Christmas period, Megawhite have joined forces with fellow Scottish superbrand Fake Bake.

Megawhite will be moving into the flagship Fake Bake Boutique on West ...Regent Street. The Boutique has recently been voted as the Glasgow’s best beauty salon and is the go-to celebrity destination outside London.

Fake Bake owner Sandra McClumpha has commented, “We are super excited to be working with the Megawhite brand having watched them grow into a market leading business over last 5 years.”

The exciting new business venture will be taking place on the 1st February.

 

[carolannr70]

its because they have been kicked out of their address on Buchanan Street in Glasgow and Princes Street in Edinburgh.

they were renting Regus office space but now Regus will have nothing to do with them.

the funny thing is that they still use the Buchanan Street and Princes street addresses on their website as their HQ!

 

[carol11375]

I dont want to name a specific company but i want to warn anyone that is considering doing a teeth whitening course that it is illegal and you can be charged for illegally being a dentist. I can say this from experience

 

[carolannr70]

There is a big article in the Mirror today

Teeth whitening dispute is nothing to smile about for customer threatened with criminal prosecution - Andrew Penman - Mirror Online

 

[Afrielaesthetic]

I understand that the General Dental Council are very keen to put forward the opinion that teeth whitening by anyone other than a dentist is illegal. They are entitled to their opinion but I have seen a copy of a letter from the European Commission that states that teeth whitening is a cosmetic procedure. I understand that this has previously been tested up to the House of Lords in the UK and confirmed. I am not a solicitor but am led to understand that in practice things are not as clear cut as they make out.

There are a couple of areas where people can fall foul of the law. Firstly the chemical used to whiten teeth. Most people are aware that the use of peroxide or any substance that releases peroxide or its equivalent at a strength of, or greater than 0.1% is illegal for a non dentist. However the law is constantly being tightened and the latest is a restriction on boric acid that is affecting some sodium perborate gels and has caused some manufacturers to reformulate their gels.

Secondly it is illegal to whiten the teeth of anyone under the age of 18 even with parental consent.

The other major point is that it is illegal for a non dentist to claim to be a dentist or to carry out a dental examination, diagnosis or treatment. You have to be very careful not to express any opinions that could fall into this category or you leave yourself open to prosecution. This could be as simple as answering a clients question about teeth cleaning or toothpaste selection. Any training course worth the money should make this quite clear.

One of the problems for non dentists in this area is that they don't have an independent central body to fight their corner and separate fact from fiction and bias. This can make it difficult to find accurate information and know what you are able to do and what you can't do and is not helped by the fact that the only sources of opinion out their are highly polarised with the GDC on one side and the training companies on the other.

 

[cyansunset53]

I have been looking into the big teeth whitening issue (interpretation of the law etc). While I agree that a few of the persons taken to court by the GDC were overstepping the mark, incorrect information being given to clients, wrong products used, dental health advice given, I do not agree that the GDC should stomp on anyone who may be trying to chip away at their priviledged lifestyle. I have also read that a huge number of dentists are acting illegally themselves, and hiding behind the GDC. There are a number of outrageous claims on dentists websites that tooth whitening by non trained dentists or others is illegal, and people who are not dentists will be sued. Technically not illegal, just their interpretation of the law. All of this claimed with the knowledge that any person other than a member of their elite club will be annihilated by the weight of the GDC pockets and the most expensive barristers.

This should be stopped. The law needs definitive clarification, not interpretation by an overpaid barrister or judge with a vested interest. If any or all of the teeth whitening training companies, bearing in mind they are enjoying a purported £10 billion per year business worldwide, care enough to consider the long term prospects of their business, and the Technicians they train, they will work together, and be looking to have the law clarified.

There are a number of Insurance companies who are willing to Insure persons carrying out Teeth whitening procedures.There are also a number of Companies who refuse. Surely it would be in their moral interests to have the law clarified.

One way of playing the dentists at their own game is to expose those who are continuing to carry out treatments with products containing over and above the legal limits now set and approved by the EU. Every person in the teeth whitening industry could visit their local dental practitioner, query about treatments, costing, ask for product information leaflets. Any damaging, illegal, mis-information gathered could then be presented to Trading Standards and and the GDC.

If every person who has been threatened, sued, or harrassed, every company that offers teeth whitening products and training, every technician who would consider teeth whitening as a treatment, joined forces, then the GDC may not feel so mighty. I for one would like to see dentists knocked from their pedestals and the right of intimidation taken away from them. Is there anyone who is passionate about this subject? Are dentists going to have their own way? Are Teeth whitening organisations going to disappear with the bounty?

I would appreciate your thoughts and comments on the above as I feel very strongly that a great injustice is been served on those persons who have been threatened with legal action and had their livelihood destroyed by the GDC whose only interest is financial gain.

 

[carolannr70]

In May 2013, at the High Court, Lord Justice Moses set the following judgement:

"I conclude that a combination in this case of the evidence of Professor Walls and the guidance, with the evidence which was undisputed as to the circumstances in which this treatment was offered, did prove that the teeth whitening was given by the defendant as the practice of dentistry and was therefore proscribed by two of the sections under which she was charged, namely section 38, which prohibits the practice of dentistry by laymen, and section 40, which prohibits anyone being treated in the course of the business of dentistry."

General Dental Council v Jamous [2013] EWHC 1428 (Admin) (10 May 2013)

 

[Lynne Baker]

We were on the stand opposite to a hyooge tooth whitening company at PB this year. I was genuinely shocked to see the billboards saying "No training necessary" "All licences and insurance supplied"

The stand was absolutely rammed all day, both days with people seemingly delighted to sit and look like Wallace and Gromit for the princely sum of £69, to get their teeth whitened.
They came over to us and suggested that we might want to get our teeth whitened, the cheeky beggars!
You know me; I said why on earth would I want to put my oral health at risk for the sake of luminous teeth!
You also know that I'm a proper nerd and I mentioned the GDC v Jamous case and she scuttled off, blushing and bumbling.

I think that the suggestion that the only interest of the GDC is one of pecuniary gain is a specious argument. Dentists trained for flipping years; they're entitled to protect their incomes. Not to mention their clinical credibility!

 

[cyansunset53]

I agree that dentists should be able to protect their incomes and credibility when they are practising DENTISTRY. What I do not agree with is the lies they tell, and the breaking and bending of the law to suit themselves.
As for a dentists credibility regarding Cosmetic Teeth Whitening, I personally believe the amount they charge for so called treatments of any description are both extortionate and immoral. A typical teeth whitening treatment costs on average no more than £20.00 using quality products that have been tested and approved as is the requirement by law.

So where is the justification for a £500+ charge for cosmetic teeth whitening? Dentists are already shooting themselves in the foot as so many people seek dental treatment abroad. And yes, I have had dental treatment overseas at a fraction of the cost and a higher level of competence than the dentists here.
The reason I went abroad? my husband is Turkish and would never use a dentist in this country. After I paid £300 to my local dentist for three partial fillings which all fell out within a week, the decision was an easy one to make. The dentist I used in Turkey was second to none that I have been to over here. I know I am not alone in seeking treatment abroad. But back to my initial argument I would like to see the law clarified, and the GDC to stop scaremongering.

No-one will ever convince me that a dentist is not offering teeth whitening for monetary gain. I have read too many articles and complaints from people who have used their dentist and suffer just as many horrific side effects as people who had their teeth whitened in their own homes or my a person from a non dentist background. The difference? the trained dentists so called credibility. There are also a great deal of dentists who are using illegal products to achieve a higher level of whitening.
People who live in glass houses comes to mind.

 

[fozzyo]

Whatever anyone thinks about it there are two inescapable facts:

1) The law says only a Dentist licensed by the GDC can perform dentistry in the UK
2) The law is quite clear that teeth whitening is dentistry. See point 1.

Any company that claims otherwise is out to get money off you and doesn't care about what happens to you afterwards.

To become a Dentist you have train for years and spend tens of thousands of pounds investing in yourself just to qualify ... before making any money.

If you don't like how the GDC protects its members why not start a state recognised organisation to lobby on behalf of beauty therapists and get the law changed to protect your career. That doesn't happen cheaply. And quite frankly as someone who has spent hundreds of hours in a dentists / orthodontics chair and the amount of work I have been through I really don't begrudge them.