Beautician Caroline Sumpter paid Megawhite Express Teeth Whitening £1,500 only to be told by the General Dental Council that the practice is illegal
Looking for a new string to her bow, beautician Caroline Sumpter branched out into teeth whitening.
She paid £1,500 to one of the big names, Megawhite Express Teeth Whitening, for a package that included everything to get her started in her new business, including a licence to use the Megawhite name.
Then came the bombshell.
The General Dental Council wrote to say it had “received an allegation” that Caroline was carrying out illegal teeth whitening at her salon.
It warned her that the council “brings criminal prosecutions for the illegal practice of dentistry by non-registered companies and individuals”.
As well as a criminal record, she could be fined up to £5,000.
Caroline asked Megawhite for her money back, on the grounds “what they don’t tell you is that unless you are a registered dental professional you cannot legally use the system”.
The company refused, so along with Caroline I caught up with Megawhite director Bryan Christie at the Professional Beauty show at Excel in London.
He still refused a refund, claiming that they are doing nothing wrong, despite what the General Dental Council says.
“It’s a generic letter, it’s an empty threat,” said the 31-year-old from Livingston, West Lothian.
“Every one of our licensees has had that letter.”
Although people performing teeth whitening have been prosecuted, he says they were not Megawhite clients.
His licensees are not performing dentistry, Christie insists, they are giving a product to customers who “self-administer” it by putting the whitener in their mouths while sitting in front of a blue light to accelerate the process.
“We are not performing teeth whitening, customers are doing it themselves.
“The General Dental Council is asking you to stop doing something you are not doing.”
If Caroline got a refund on the basis of the council’s letter, he might have to refund everyone who’d bought a Megawhite licence and “last year that was £1.6million”.
So why doesn’t he ask the council to stop threatening to prosecute his licensees?
“I have but they won’t liaise with me because they don’t govern me, they only govern dentists.”
Caroline, he said, will not be prosecuted for teeth whitening, but might be taken to court by Megawhite for defamation.
“If I’m losing business because of this I will take it to my lawyer.
“I’m already claiming 125 grand in damages from one girl who’s phoning other clients saying we are doing this illegally.”
The General Dental Council would not comment on Megawhite specifically, but it was clear where the law stands.
“There is a misconception that offering tooth whitening treatment to individuals by handing them trays for self-administration circumvents the law,” said a spokeswoman.
“This is not the case.
“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 its application, amongst other things, could constitute the giving “advice or attendance” and would therefore be illegal.”
Whether Megawhite sues Caroline for defamation, Caroline sues for a refund, or the council prosecutes Megawhite licensees, it is hard to see this mess ending anywhere other than court.
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