Teeth whitening is classed as a dental procedure. It is illegal for non registered dental practitioners such as a dental nurse or a dentist registered with the GDC.
It's nothing to do with the product. If you apply something to someone's teeth to whiten them in a salon etc then this is a dental treatment. This is illegal.
I have personally written to the General Dental Council who have confirmed this. Not only this, they also informed they are stepping up the momentum on prosecutions and looking for more businesses like yours to make examples of!
If I was doing these treatments and was not a dentist I'd be very concerned.
I have taken advice from 2 Barristers, Trading Standards and my MP.
The law has not changed; people were being prosecuted back in 2006 but nothing happened. The reason being that it is not illegal. The GDC state on their site that they BELIEVE or CONSIDER it is, but these are not legal or factual statements.
My colleague also contacted the GDC and all they kept say was they believed it was so.
I applaud any body who stops illegal or harmful practice. But I believe the GDC need to look in its own back yard and clear their backlog of cases.
GDC fails to monitor dentists' breaches | QCS Care Management
If a beautician chooses to use illegal products like the dentist or purports to be dentists they deserve to be prosecuted as in the recent cases.
Most people have turned a blind eye to dentists who have been breaking the law for 20 years by using peroxide over 0.1% and also fail to obtain informed consent from their patients (from the consent forms I have checked) for the use of illegal substances being used on them.
Does this mean there is a two tier legal system?
I prefer to use legal products tested by trading standards and that hold a product safety certificate. I was also trained at an Ofted registered college and have written a research paper on tooth whitening.
Can anyone tell me what cosmetics beauticians cannot use as per the EU legal definition? I cannot think of any.
Definition of Beauty therapist: (Business / Professions) a person whose job is to carry out treatments to improve a person's appearance such as facials manicures removal of unwanted hair etc.
2. THE LEGISLATIVE FRAMEWORK - SCOPE OF APPLICATION
2.1. The Cosmetics Directive
5. Art. 1(1) of the Cosmetic Directive defines cosmetic product as any substance or preparation intended to be placed in contact with the various external parts of the human body (epidermis hair system nails lips and External genital organs)
or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them perfuming them changing their appearance and/or correcting body odours and/or protecting them or keeping them in good condition.
6.
The definition is thus based on two cumulative aspects I.e. The target site of application placing on body/teeth/mucous membranes and the intendedmain (cosmetic) function (I.e. Cleaning perfuming changing appearance correcting body odours protecting keeping in good condition).
Teeth whitening products were also confirmed as being 'cosmetics' on the 28th of June 2001 by the House of Lords ruling which took place in the case of Optident Limited and The Secretary of State for Trade and Industry. This means that they fall under the European Union Cosmetics Directive (implemented in the U.K. By the U.K. Cosmetic Products (safety) Regulations 1996. Tooth whitening is therefore legally a COSMETIC procedure and NOT a DENTAL one.
If/when the law changes hopefully our government will inform us in the proper manner not by scare mongering or making 'belief' statements.
Dental nurses etc., cannot carry out teeth whitening under GDC guidelines.
Beauticians and non-dentists are not regulated by the GDC.
As the dentist above stated, there are good dentists and bad dentists out there.
I got into the business as I wanted to something relaxing and stress free. Most of my customers are now recommends; many are from the medical profession. A number have also been horribly burned by their dentists and prefer our treatment as well as service. If I thought I was going to harm anyone I would not be in this business. I have also researched all the impacts on the human tooth with every product currently available.
I am not going to try and persuade people to get into the business, it is not everyone's cup of tea. The GDC have certainly done a good job to deter people. Their action may result in the reputable businesses being left in the market place. After all, who wants to run a business with the fear of prosecution hanging over them. I am sure I wouldn't.
I am due to retire shortly and do not need the money. I spend the rest of my time helping people protect their rights for free.
