5.5.2011 Official Journal of the European Union L 115/1 II (Non-legislative acts) REGULATIONS COMMISSION REGULATION (EU) No 432/2011 of 4 May 2011 refusing to authorise certain health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health (Text with EEA relevance) THE EUROPEAN COMMISSION, (4 The Commission is to decide on the authorisation of health claims taking into account the opinion delivered by the Authority. Having regard to the Treaty on the Functioning of the European Union, (5)  Following an application from Gencor Pacific Inc, submitted on 10 November 2009 pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a Having regard to Regulation (EC) No 1924/2006 of the health claim related to the effects of ethanol-water European Parliament and of the Council of 20 December extract of Caralluma fimbriata (Slimaluma®) on help to 2006 on nutrition and health claims made on foods (!), and reduce waist circumference (Question No EFSA-Q- in particular Article 18(5) thereof, 2010-00027) (3. The claim proposed by the applicant was worded, as follows: ‘Slimaluma® helps to reduce waist circumference’. Whereas: (6)  On 12 May 2010 and on 18 May 2010, the Commission and the Member States received the scientific opinion from the Authority and its amendment respectively, (1) Pursuant to Regulation (EC) No 1924/2006 health claims which concluded that on the basis of the data submitted, made on food are prohibited unless they are authorised a cause and effect relationship had not been established by the Commission in accordance with that Regulation between the consumption of Slimaluma® and the and included in a list of permitted claims. beneficial physiological effect as defined by the Authority, namely, reduction of waist circumference leading to an improvement in adverse health effects associated with an excess abdominal fat. Accordingly, as the claim does not (2)  Regulation (EC) No 1924/2006 also provides that appli- comply - with the requirements of Regulat1on (EC) catéigons for authorisatior/ls of healtl})l claims mayppbe No 1924/2006, it should not be authorised. submitted by food business operators to the national competent authority of a Member State. The national competent authority is to forward valid applications to ) o - the European Food Safety Authority (EFSA), hereinafter (7)  Following an application from Gencor Pacific Inc, referred to as ‘the Authority’. Following receipt of an application the Authority is to inform without delay the other Member States and the Commission and to deliver an opinion on a health claim concerned. () O] L 404, 30.12.2006, p. 9. submitted on 10 November 2009 pursuant to Article 13(5) of Regulation (EC) No 1924/2006, the Authority was required to deliver an opinion on a health claim related to the effects of ethanol-water extract of Caralluma fimbriata (Slimaluma®) on help to reduce body fat (Question No EFSA-Q-2010-00028) (3). The claim proposed by the applicant was worded, as follows: ‘Slimaluma® helps to reduce body fat’. (%) The EFSA Journal 2010; 8 (5):1602. (®) The EFSA Journal 2010; 8 (5):1602.