Teeth whitening product salesman jailed after trading standards prosecution

A teeth whitening salesman who sold illegal products over the internet has been jailed for eight months following a prosecution by Essex County Council’s trading standards team.

Barrington Charles Armstrong Thorpe was also sentenced at Chelmsford Crown Court to an additional eight months under license.

He had been prosecuted under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTRs) for misleading consumers as to the legality of a tooth whitening product. The defendant also faced 10 charges for breaches of the Cosmetic Product Regulations 2008 for supplying a tooth whitening product that contained or released excessive levels of hydrogen peroxide.

Thorpe had been involved in the sale of a tooth whitening product since 2005, initially through a company but latterly as a sole trader. He operated a number of websites to sell the product.

In 2007 the defendant was told by Bath Trading Standards that the whitener did not comply with regulations. Despite this warning, he continued to trade, prompting Essex to launch an investigation.

Thorpe accepted a caution in 2010, but he still failed to cease trading.

At the Crown Court, the jury unanimously found him guilty of misleading customers as to the legality of the product and for not providing on his websites the information required by law.

Thorpe pleaded guilty to the breaches of the Cosmetic Products Regulations. These charges included the supply of a product containing excessive levels of Hydrogen Peroxide and for deficient labelling of the tooth whitener.

According to Essex, the active ingredient was hydrogen peroxide and the levels that are permitted are set by the Cosmetic Product Regulations 2008.

“These regulations state that an oral product cannot contain, nor release a quantity of hydrogen peroxide that exceeds 0.1%,” the council said. “The levels in the teeth whitening product sold by Mr Thorpe via the web were at least 65 times this limit, sometimes reaching 103 times this limit.”

Cllr Kevin Bentley, Cabinet Member with responsibility for Trading Standards at Essex, said: “This conviction should act as a warning to other traders that may be trying to make money by selling these illegal goods. You will be caught and potentially get a prison sentence.”