COMMISSION REGULATION (EC) No 1025/2009  
of 29 October 2009  
refusing to authorise certain health claims made on food, other than those referring to the 
reduction of disease risk and to children’s development and health  
(Text with EEA relevance)  
THE COMMISSION OF THE EUROPEAN COMMUNITIES,  
Having regard to the Treaty establishing the European 
Community,  
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 (  1 ), and 
in particular Article 18(5) thereof,  
Whereas:  
(1) Pursuant to Regulation (EC) No 1924/2006 health claims 
made on food are prohibited unless they are authorised 
by the Commission in accordance with that Regulation 
and included in a list of permitted claims.  
(2) Regulation (EC) No 1924/2006 also provides that appli ­
cations for authorisations of health claims may be 
submitted by food business operators to the national 
competent authority of a Member State. The national 
competent authority is to forward valid applications to 
the European Food Safety Authority (EFSA), hereinafter 
referred to as the Authority.  
(3) 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.  
(4) The Commission is to decide on the authorisation of 
health claims taking into account the opinion delivered 
by the Authority.  
(5) Following an application from Elvir SAS, submitted on 
30 July 2008 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 a dairy product enriched with milk peptide 
and magnesium on the reduction of anxiety (Question 
No EFSA-Q-2008-476) (  2 ). The claim proposed by the 
applicant was worded as follows: ‘This product helps 
moderate signs of anxiety in mildly stress-sensitive 
adults due to its milk peptide and magnesium content’.  (6) On 19 December 2008, the Commission and the 
Member States received the scientific opinion from the 
Authority which concluded that on the basis of the data 
presented, a cause and effect relationship was not estab ­
lished between the consumption of the constituents 
proposed to exert the claimed effect 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.  
(7) Following an application from Unilever plc (UK) and 
Unilever NV (Netherlands) submitted on 7 July 2008, 
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 
black tea from  Camellia Sinensis  on help to focus 
attention (Question No EFSA-Q-2008-434) (  3 ). The 
claim proposed by the applicant was worded as 
follows: ‘Black tea helps you to focus attention’.  
(8) On the 22 December 2008 the Commission and the 
Member States received the scientific opinion from the 
Authority which concluded that on the basis of the data 
presented, a cause and effect relationship was not estab ­
lished between the consumption of black tea from  
Camellia Sinensis  and the claimed effect. Accordingly, as 
the claim does not comply with the requirements of 
Regulation (EC) No 1924/2006, it should not be auth ­
orised.  
(9) The comments from the applicants and the members of 
the public received by the Commission, pursuant to 
article 16(6) of Regulation (EC) No 1924/2006, have 
been considered when setting the measures provided 
for in this Regulation.  
(10) The health claims ‘This product helps moderate signs of 
anxiety in mildly stress-sensitive adults due to its milk 
peptide and magnesium content’, and ‘Black tea helps 
you to focus attention’ are health claims as referred to 
in Article 13(1)(b) of Regulation (EC) No 1924/2006. 
Therefore they are both subject to the transition 
measures laid down in Article 28(6) of Regulation (EC) 
No 1924/2006. However, as the applications were not 
made before 19 January 2008, the requirement provided 
for in Article 28(6)(b) is not fulfilled and the transition 
period laid down in that Article is not applicable. 
Accordingly, a transition period of 6 months should be 
provided for, to enable food business operators to adapt 
to the requirements laid down in this Regulation.EN L 283/30 Official Journal of the European Union 30.10.2009  
( 1 ) OJ L 404, 30.12.2006, p. 9.  
( 2 ) The EFSA Journal (2008) 905, 1-10.  (  3 ) The EFSA Journal (2008) 906, 1-10.(11) The measures provided for in this Regulation are in 
accordance with the opinion of the Standing 
Committee on the Food Chain and Animal Health,  
HAS ADOPTED THIS REGULATION:  
Article 1  
Health claims set out in the Annex to this Regulation shall not 
be included in the Community list of permitted claims as 
provided for in Article 13(3) of Regulation (EC) No 1924/2006.  However, the health claims set out in the Annex to this Regu ­
lation may continue to be used for 6 months after the entry 
into force of this Regulation.  
Article 2  
This Regulation shall enter into force on the 20th day following 
its publication in the  Official Journal of the European Union . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels, 29 October 2009.  
For the Commission  
Androulla VASSILIOU  
Member of the CommissionEN 30.10.2009 Official Journal of the European Union L 283/31ANNEX  
REJECTED HEALTH CLAIMS  
Application — Relevant provisions of 
Regulation (EC) No 1924/2006  Nutrient, substance, food or 
food category  Claim  EFSA opinion 
reference  
Article 13(5) health claim based on 
newly developed scientific evidence 
and/or including a request for the 
protection of proprietary data  Dairy product enriched 
with milk peptide and 
magnesium  This product helps moderate 
signs of anxiety in mildly 
stress-sensitive adults due to its 
milk peptide and magnesium 
content  Q-2008-476  
Article 13(5) health claim based on 
newly developed scientific evidence 
and/or including a request for the 
protection of proprietary data  Black tea from  Camellia 
Sinensis  Black tea helps you to focus 
attention  Q-2008-434EN L 283/32 Official Journal of the European Union 30.10.2009