6.5.2010 Official Journal of the European Union L 113/1 II (Non-legislative acts) REGULATIONS COMMISSION REGULATION (EU) No 382/2010 of 5 May 2010 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, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods ('), and in particular Article 18(5) thereof, 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 Natural Push-Up® Tablets and Natural Push-Up® Capsules on female breast enhancement (Question No EFSA-Q-2008-784) (3. The claim proposed by the applicant was worded as follows: ‘NPU Tablets imitate female breasts enhancement process by 8-PN (8-Prenylnaringenin)’. (6)  On 5 June 2009, the Commission and the Member States received the scientific opinion from the Authority, which Whereas: concluded that on the basis of the data presented, a cause and effect relationship had not been established between the consumption of Natural Push-Up® Tablets and (1) Pursuant to Regulation (EC) No 1924/2006 health claims Natural Push-Up® Capsules and the claimed effect. made on food are prohibited unless they are authorised Accordingly, as the claim does not comply with the by the Commission in accordance with that Regulation requirements of Regulation (EC) No 1924/2006, it and included in a list of permitted claims. should not be authorised. (2)  Regulation (EC) No 1924/2006 also provides that appli- cations for authorisations of health claims may be (7)  Following an application from Clasado Ltd., submitted on submitted by food business operators to the national 29 December 2008 pursuant to Article 13(5) of Regu- competent authority of a Member State. The national lation (EC) No 1924/2006, the Authority was required to competent authority is to forward valid applications to deliver an opinion on a health claim related to the effects the European Food Safety Authority (EFSA), hereinafter of BimunoP" (BGOS) Prebiotic on maintaining a healthy referred to as the Authority. gastro-intestinal function (Question No EFSA-Q-2009- 00231) (). The claim proposed by the applicant was worded as follows: ‘Helps maintain a healthy gastro- (3)  Following receipt of an application the Authority is to intestinal (GI) function’. inform without delay the other Member States and the Commission and to deliver an opinion on a health claim concerned. (8)  On 7 July 2009, the Commission and the Member States ©) The Commission is to decide on the authorisation of health claims taking into account the opinion delivered by the Authority. Following an application from The Natural Push-Up Company, submitted on 28 November 2008 pursuant () O] L 404, 30.12.2006, p. 9. received the scientific opinion from the Authority, which concluded that on the basis of the data presented, a cause and effect relationship had not been established between the consumption of Bimuno®" (BGOS) Prebiotic and the claimed effect. Accordingly, as the claim does not comply with the requirements of Regulation (EC) No 1924/2006, it should not be authorised. (%) The EFSA Journal (2009) 1100, 1-9. () The EFSA Journal (2009) 1107, 1-10.