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Daniel Torres Gonçalves

Sócio | Coordenador da Unidade Económica de Saúde, Farmácia e Biotecnologia
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Joana Aguiar Rodrigues

Associada Sénior | Competition & EU
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Marina Bessa Sousa

Advogada Estagiária | Contencioso e Arbitragem

October 13, 2023

Suspension of the marketing of tooth whiteners improperly qualified as medical devices

Daniel Torres Gonçalves, Joana Aguiar Rodrigues and Marina Bessa Sousa alert for the recent suspension of the marketing of tooth whiteners improperly qualified as medical devices.

The Board of Directors of INFARMED – National Authority for Medicines and Health Products, I. P. (hereinafter INFARMED), through updating the information circular dated June 16, 2023, immediately suspended the marketing of the following tooth whiteners: Opalescende Endo, Opalescende Boost 40%, BMS White 38%, fläsh Chairside Light Whitening 32%, Norblanc Office, Norblanc Office Automix, Polaoffice+, Pola Day CP, Voco Perfect Bleach Office+, Pure Office.

The suspension is not due to a risk in the use of these products, but rather to an undue classification of them, namely because they are categorized as medical devices. The law defines a medical device as any instrument, apparatus, software or article, whose intended effect is not achieved by pharmacological means, intended to be used on human beings for the purposes of diagnosing, preventing and/or treating a pathology.

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