Illegal Teeth Whitening Treatments and the General Dental Council (GDC)

Teeth whitening has become one of the most sought-after cosmetic treatments in the UK. This has led to a growing black market in illegal teeth whitening services that pose health risks and operate outside the boundaries of UK law. The BBC have recently undertaken an investigation  into the practice of illegal teeth whitening treatments.

What is illegal practice for dentists?

Under UK regulations, dental professionals must be registered with the GDC (General Dental Council).

The Dentists Act 1984 (the Act) sets out the law in relation to the provision of dental treatments and advice in the UK.

The following sections are relevant in relation to teeth whitening:

• Section 38 of the Act makes it a criminal offence for anyone who is not registered with the GDC to practise dentistry or to offer or imply they are prepared to practise dentistry. Practising dentistry means providing or offering to provide the treatment, advice or attendance that would usually be given or performed by a dentist.
• Sections 40 and 41 of the Act sets out that it is a criminal offence for an individual who is not registered with the GDC to receive payment for dental treatments or advice.
• Section 43 of the Act sets out that if a company is going to receive payment for dental treatment or advice, the majority of its directors must be registered with the GDC or it will be committing a criminal offence.

All of these offences are punishable by an unlimited fine in England and Wales and are heard in the Magistrates’ Court.

Can only dentists undertake teeth-whitening treatments?

The High Court confirmed the GDC position that tooth whitening is the practice of dentistry and can only safely and legally be offered by registered dental professionals.

The GDC is clear that only registered dental professionals can offer or provide tooth whitening treatment. This is regardless of the products used.

The maximum strength of hydrogen peroxide that a dentist can use in providing tooth whitening treatment is 6%.

However, products containing or releasing less than 0.1% hydrogen peroxide can be legally sold in Europe. This does not mean that unregulated individuals can use them to provide tooth whitening treatments.

Who will be prosecuted by the GDC?

The GDC will investigate and decide to prosecute based on a number of factors, including whether there is a risk of harm to the public or whether there is a history of ignoring warnings from the GDC alongside other factors outlined in their prosecution policy.

If products used during teeth-whitening treatments contain excessive levels of hydrogen peroxide, the GDC will also refer matters to Trading Standards to conduct their own investigation and enforce any breaches of the law in this area.

Martha Odysseos, an associate solicitor in Olliers’ regulatory team, noted:

 “Whilst we live in a society where cosmetic treatments and even surgery , including Botox, facelifts, tummy tucks, teeth whitening and hair transplants  have become more and more popular, the demand for easier and affordable products means that this is not just a cosmetic concern – it’s a public health issue. Consumers must be vigilant because illegal products and procedures can have far reaching and long-lasting consequences for your health including chemical burns, premature tooth decay, damage and even tooth loss. Those seeking and indeed those administering treatments must ensure that they are complying with the UK law.”

How can Olliers assist with a GDC case?

The professional discipline team at Olliers are all dedicated and experienced defence lawyers who are on hand to provide legal advice and assistance to dental professionals facing investigation and/or proceedings brought by the GDC.

Being subject to a General Dental Council investigation or prosecution can be an incredibly stressful experience, both professionally and personally. At Olliers, we understand the impact this can have on your career, reputation and wellbeing.

Our specialist professional discipline team offers calm, clear and confidential advice tailored to your situation. Whether you’re at the early stages of an investigation or facing a hearing, we’re here to support you every step of the way.

Contact us today for expert guidance and reassurance when you need it most.