I. Introduction Article 21 of Regulation 1924/2006 on nutrition and health claims, which grants a five years protection to data submitted by an applicant on which he has “an exclusive right of reference”, has been applied so far only once by the Commission, in a Decision of December 17, 2009, “authorising a health claim on the effect of water-soluble tomato concentrate on platelet aggregation and granting the protection of proprietary data under Regul