Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Although some toothpastes and home-use kits can legitimately claim to “whiten teeth”, the Copy Advice team is increasingly coming across tooth whitening being offered by beauticians and clinics. We understand from the General Dental Council (GDC) that tooth whitening carried out by non-dental professionals could be illegal. Clinics not employing dental hygienists and dental therapists with the necessary skills, or dentists, should check with the GDC. See http://www.gdc-uk.org/News+publications+and+events/News+releases/GDC+expands+tooth+whitening+duties.htm
Some years ago, the ASA upheld a complaint about an ad that claimed the product could whiten teeth by two shades. Although the advertiser could show that, technically, that was true, the ASA upheld the complaint because consumers were unable to perceive any change in the colour of their teeth. Marketers making product performance claims should ensure they are relevant and meaningful to the consumer.
Last modified : 03 August 2010