In 2001, as a result of action by the manufacturer and distributor of a tooth whitening product, the House of Lords made a judgment that the Government had the right to consider tooth whitening products as falling under the EC Directive on Cosmetic Products(76/768/EEC) and therefore within the terms of the Cosmetics (Safety) Regulations.
Currently the Schedules to the Cosmetics (Safety) Regulations restrict the permitted percentage of hydrogen peroxide present or released in cosmetic products used in the mouth to 0.1 per cent. but we understand that the Scientific Committee on Consumer Products has given its opinion to the European Commission that the permitted limit may, subject to prescribed conditions, be increased to 6 per cent. We are awaiting the Commission's response to this advice.
The General Dental Council (GDC), which is independent of Government, is responsible for the professional standards of dentists and dental care professionals. We understand that the GDC considers that tooth whitening constitutes the practice of dentistry. Any registrant who undertakes work for which they are not sufficiently competent risks fitness to practice proceedings.