A BUSINESSMAN who was prosecuted for selling teeth whitening products has called on General Dental Council (GDC) to clarify the law which he believes is not crystal clear.

Graeme Pattinson pleaded guilty when he appeared before Teesside Magistrates’ Court for breaching dentistry rules but maintains the law is not clear cut.

Mr Pattinson found himself in court following a complaint from a customer and accepted that he had made what he believed were technical breaches of the guidelines.

However, he is adamant that he did not administer the treatment as alleged but merely sold the product to the customer, who put the gum-shield-like product into her own mouth while at his premises, Ultimate Tanning and Beauty Salon, Thomlinson Road, Hartlepool.

He said: “These products are sold over the counter on chemists on every high street and in thousands of beauty salons up and down the country. If what I did is illegal there must be hundreds of other people breaking the law.

“I carried out research before buying the product for the company, including speaking to trading standards officers, and I was under the impression that I was complying with the law by not actually putting the treatment into a customer’s mouth.

“I believe that the GDC needs to clarify the legal position to ensure other people don’t end up being prosecuted.”

It was the UK regulator of dental practice, the GDC, which brought the successful prosecution against Mr Pattinson after he sold the 'self-administered' system of tooth whitening treatment despite not being a registered dental practitioner.

Mr Pattinson also pleaded guilty to a second offence of unlawfully carrying on the business of dentistry.

As a result, he received a two year conditional discharge. He was also ordered to pay a £15 victim surcharge and £1,000 towards the GDC's costs.

The GDC said the law is quite clear following a ruling in the High Court in May 2013 where it was decided that tooth whitening is a practice of dentistry and not a cosmetic procedure.

A spokeswoman said: “There is also a misconception that offering tooth whitening treatment to individuals by handing them trays for self-administration and asking them to sign consent forms circumvents the law. 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 application, amongst other things, could constitute the giving of ‘advice or attendance’ and would be illegal.”

To check whether someone is registered people can log on to the GDC website www.gdc-uk.org