A new EU Council Directive was passed in the final quarter of 2011, which will control the use of hydrogen peroxide in teeth whitening products. The aim of the new Directive is to heighten patient awareness and safety in terms of the provision of teeth whitening treatments.

The Irish Dental Association has previously expressed concern in respect of some teeth whitening products, claiming that many of them range from "useless to dangerous". Hydrogen peroxide is the chemical agent used in the teeth whitening process. The new Directive regulates the amount of hydrogen peroxide that can be used in any such product depending on the dosage, which has been divided up into three different categories. These are a hydrogen peroxide content of 1) up to 0.1%, 2) between 0.1% and 6%, and 3) over 6%.

Teeth whitening products which contain up to 0.1% hydrogen peroxide will continue to be freely available to consumers on the open market for self-administration. The rules are much more stringent when it comes to products which contain between 0.1% and 6% hydrogen peroxide. These will necessitate a clinical examination and the first treatment must be administered by a dentist. The idea behind such a formality is to ensure that there are no underlying risk factors or oral complications. Following on from this, the dentist can give the patient the all clear to continue the whitening treatment themselves. It must be noted that the use of such products will not be permissible, in any circumstances, by persons under the age of 18. Finally, the new Directive places an outright prohibition on the use of teeth whitening products which contain over 6% hydrogen peroxide.

Member States have 12 months to transpose the Directive into national legislation. To date, Ireland has not yet given effect to the Directive.

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