Q. If it is illegal for dentists to use bleaching agents containing high levels of peroxide how can non-dentists, certain websites, and beauty salons get away with it? Has the law changed?

Dental Protection’s position statement confirms that the supply of any material which liberates more than 0.1 % of hydrogen peroxide, for cosmetic purposes, is deemed illegal.

The law has not changed yet. The process of tooth whitening is considered to be the practise of dentistry and certainly the carrying out of a tooth whitening procedure by someone who is not a dentist or DCP is certainly illegal and the GDC will often prosecute these individuals. Meanwhile, the supply of any tooth whitening product by a non dentist is also considered illegal but it is such a popular product it would be difficult for the Trading Standards Office to successfully prosecute every individual or company selling this material.

As far as DPL is aware, no dentist who has provided a patient with a home bleaching kit and the trays which the patient would wear, has been prosecuted by the Trading Standards Office, probably because they are aware that it is very much in the patient’s best interests to have such treatment, rather than a patient undergoing an invasive procedure. As you will appreciate, this type of treatment is very much low risk, and is tolerated well by patients.

In the fullness of time, it is likely that the European legislation will change, to allow qualified and regulated healthcare workers to provide a safe form of tooth whitening without fear of prosecution.