The BACD welcomes the adoption by the Council of the European Union of the Council Directive amending Directive 76/768/EEC, concerning cosmetic products, for the purpose of adapting Annex III thereto to technical progress. The BACD together with other organizations and leaders in the profession has called repeatedly for appropriate legislation regarding tooth-whitening products in line with the advice from the European Scientific Committee on Consumer Safety. This is how the law now stands – or will do once ratified by individual states, who have 12 months in which to do so:
• Tooth whitening products containing up to 0.1% of hydrogen peroxide will continue to be freely available to the consumer market, i.e. over the counter.
• Products containing between 0.1% and 6% of hydrogen peroxide, can only be supplied by dentists following clinical examination to ensure suitability of the procedure and the absence of risk factors or oral pathologies, after which the patient will be able to continue the treatment by him or herself. The use of these products by persons younger than 18 years will not be allowed.
• Tooth whitening products containing more than 6% of hydrogen peroxide will continue to be prohibited.

The Council of European Dentists (CED) believes these changes will enhance patient safety by ensuring that they can only access appropriate products via a trained and qualified dental professional. Member States will have 12 months to transpose the Directive into national legislation after its publication in the Official Journal of the European Union. The CED considers the Council decision to be a very important step towards ensuring patient safety and removing any uncertainty as to how and who should perform tooth whitening in the EU.