Introduction
The British Dental Trade Association is the body which represents manufacturers, wholesalers and distributors of products and services to the dental profession in the United Kingdom. It was formed in 1923 and now has in excess of one hundred members.
This Code of Practice has been developed to ensure that the highest standards of self-discipline are enshrined in the conduct of Members of The British Dental Trade Association. The Code is considered to be highly desirable because Members believe that their commitment to providing high quality, effective dental goods and ancillary services brings major benefits to the dental health of the nation and the country's economy. Members are thus required to install Quality Assurance systems which comply with the appropriate standards where this is not already a legal requirement.
The free choice of products within the market place should be based not only upon the highest possible standards of quality, but also on accurate, fair and objective information. The Code is intended to foster an ethical, orderly, competent and reliable supply network embracing all sections of the industry for the common good.
Adherence to the Code of Practice is an obligation upon Members of The British Dental Trade Association and there is a disciplinary procedure to deal with breaches of the Code. It is appreciated that some provisions of this Code are inappropriate for consumer dental health-care products which are already covered by that industry's own Codes of Practice.
The Code
1. SECURITY OF PRODUCTS
1.1 Manufacturers or importers of dental products subject to regulation, licence or control will be responsible for ensuring they comply with the conditions of such controls.
1.2 Where the products are not subject to specific control, those responsible for their manufacture or importation should ensure that they are both manufactured and conform to internationally accepted standards and that the products are distributed by a responsible person/organisation.
1.3 Members purchasing products for resale should always satisfy themselves by means of a quality agreement that the supplier can be expected to assume the responsibility for the products as set out in paragraphs 1.1 and 1.2 above.
1.4 Members should maintain adequate batch control and distribution records to make it possible for products to be withdrawn, modified or a warning notice issued should that become necessary.
2. SERVICE
2.1 Members should ensure that products offered for sale are supported by adequate stocks and technical information. In addition, they must satisfy themselves that diagnostic aids, equipment repair facilities and spare parts will be available to support the customers for the normal expected life of the product.
2.2 Members should not terminate distribution agreements or agency agreements in such a manner as to prejudice the end user. This is particularly relevant to those products involving warranty work or maintenance. In the event of an agency agreement or a distribution agreement ceasing for whatever reason, members should use their best endeavours to make provision to maintain essential supplies and service.
3. STAFF AND TRAINING
3.1 Members are responsible for ensuring that their staff have the ongoing experience, product knowledge and ability necessary to perform their duties properly and effectively. This includes effective and timely response to customers' queries. BDTA Training Courses are available to assist in this process.
3.2 Members' staff should possess or be given sufficient dental and/or technical knowledge to be competent to provide information, on the products they are selling or promoting, in an efficient manner. As a minimum, all relevant staff should have attained the BDTA Introduction to Dentistry Certificate within two years of commencement of employment with a Member. (Relevant staff are defined as those who might reasonably be expected to be in contact with customers.)
3.3 The following exemptions apply to the requirement for the BDTA Certificate:
(a) Relevant staff who were employed as at 1st January 1999.
(b) Relevant staff who hold an acceptable professional qualification.
3.4 Details of the examination status of relevant personnel must be provided to the Association on request.
4. ADVERTISING AND PROMOTIONS, INFORMATION AND CLAIMS
(NOTE: This refers to all material directed at members of the dental profession, to those engaged in professions supplementary to dentistry, and to other persons concerned with the purchasing of professional dental products.)
4.1 Methods of advertising, promotion and activities at exhibitions should not bring the Association or its members into disrepute.
4.2 Advertisements should always be clearly recognisable as such, should not contain misleading statements and should make clear the true nature of the product.
4.3 All advertising matter should, as a minimum, be in keeping with and conform to any relevant national or international legal requirements; recognise the professional standing of the recipients and should therefore be in good taste as regards both text and illustrations. Suppressed zeros and unusual scales and differences which do not reach statistical significance must not be presented in such a way as to mislead.
4.4 In a health industry, the main objective of advertising must be to promote the use of a product by providing correct information about it, and make only such claims as can be satisfactorily substantiated. Methods of promotion should never be such as to bring discredit upon, or reduce confidence in, the Association or the dental industry.
4.5 References may be given in advertising matter to already published literature (including theses) directly relevant to the dental use of a product. However, direct quotations or the reproduction of illustrations from published literature should not be included without the consent of the copyright owner of the original article. Testimonials from members of the dental profession or other scientific disciplines should be attributed.
4.6 Promotional material should not imitate the devices, copy, slogans or general layout used by others in a way that is likely to mislead or confuse.
4.7 Comparisons with other products should be of a factual nature and the evidence presented should be clear, fair and capable of corroboration. Such evidence must be made available on request within fourteen days of the date of the initial request.
4.8 Under normal circumstances disparagement, direct or implied, of competitive products or services is considered unethical and unacceptable. The names of other manufacturers and competitors and the brand names of their products should not be stated except when making exact reference to already published scientific material.
4.9 Known side-effects or possible hazards (which are not already common knowledge) which might result from the use of a product should be clearly stated.
4.10 The products or services of other suppliers or the clinical and scientific opinions of members of the dental profession should not be disparaged either directly or by implication.
5. FREE DISTRIBUTION OF PRODUCTS
5.1 The amount of free or trial samples given to an individual user should be no more than is adequate to allow the user to appropriately assess the product.
6. PRESCRIPTION MEDICINES
Where relevant, members agree to abide by the Code of Practice for the Pharmaceutical Industry as laid down by The Association of the British Pharmaceutical Industry together with the Prescription Medicines Code of Practice Authority.
7. INFORMATION TO THE GENERAL PUBLIC
(NOTE: This includes the passing of information regarding dental products, by the dental industry and trade direct to the general public, through the lay press, the radio, or television or by any other means.)
7.1 When information on professional dental matters is passed to the public care should be taken to:
(a) ensure that public pressure does not unduly influence clinical judgement;
(b) inform the British Dental Association, Dental Laboratories Association, General Dental Practitioners' Association or the British Dental Health Foundation, as appropriate;
(c) ensure that all claims made regarding the product are accurate and can be satisfactorily substantiated;
(d) ensure that the profession has been kept well informed and is thus able to answer possible enquiries from the public;
(e) advise the public that in all dental matters they should consult their own dentist.
8. INFORMATION TO INDIVIDUALS
8.1 All requests from individual members of the general public for information on dental products and techniques should be declined, and the enquirer recommended to consult their own dentist, some other member of the dental profession, the British Dental Association, or the British Dental Health Foundation.
9. GENERAL CONDUCT
9.1 Inter Company Trading Relationships:
(a) Members are required to maintain the highest standards in their dealings with other Members;
(b) In the interest of better serving the profession and the public and the avoidance of strained trading relationships, Members are discouraged from directly soliciting staff from other Members.
9.2 Relationships with Customers
No members of the Association should conduct their affairs with a member of the industry, profession or dental team in a manner which could expose any customer to undue financial risk or knowingly give incorrect or misleading information.
9.3 Relationships with the BDTA
As a service to Members, the Association gathers industry statistics in confidence and Members are therefore expected to submit the relevant information when so required.
10. POWERS OF INVESTIGATION
10.1 Qualifying Complaint
Any complaint under the terms of this Code of Practice must be made in writing to The Executive Director, BDTA, Mineral Lane, Chesham, Bucks HP5 1NL. It should be accompanied by any necessary documentary evidence.
10.2 Procedure
The Association has an established complaints procedure as set out in the addendum to this Code of Practice.
This Code of Practice became effective as from 1 July 1998.
Addendum to The Code of Practice
COMPLAINTS PROCEDURE