Notice has been given that the law that applies to oral hygiene products and the maximum permitted concentration of hydrogen peroxide will change next year.
What does this actually mean?
The existing law remains that it is unlawful to market, directly to the public, oral hygiene products (including teeth whitening products) which contain more than 0.1% hydrogen peroxide. The change does not alter that position.
However, what the change does do is increase the maximum authorised concentration permitted if sold to dental practitioners. Dental practitioners may use products of this increased concentration on their patients.
The law means that teeth whitening products that have more than 0.1% hydrogen peroxide can legitimately be sold to dental practitioners. However, it remains that it is illegal to market a product which contains more than 0.1% hydrogen peroxide direct to the consumer unless you are dental practitioner.
What does this mean for me?
In the UK, this means that you can not legally market certain teeth whitening products to the public. The products Smile 4 You and Dr George’s Teeth Whitening for example contain more than 0.1% hydrogen peroxide and for this reason are no longer on the MoreNiche network.
The owners of these products have agreed that they will develop a non-peroxide based product which will be available in due course to the public (including affiliates).
Until a new product is developed, affiliates will not profit from the sale of these products. Consequently, override has been removed to zero.
What should I do now?
We request that you remove all content in relation to these unlawful products from your site as a matter of urgency. You will not receive any profit from the sale of these products.
Remember, YOU ARE RESPONSIBLE FOR THE CONTENT ON YOUR WEBSITE.
If you have questions you can speak directly to our compliance officer here.
Do you believe that an affiliate is acting unethically? Complete the Unethical Advertising Claims form and MoreNiche will investigate.