HC quashes `arbitrary' Maggi ban, orders re-test in 6 weeks
Shibu Thomas
Mumbai:
Samples To Be Sent To Three Authorized Labs
Mumbai: About two months after the food safety regulator mposed a nationwide ban on Nestle's Maggi noodles, the Bombay high court on Thurs day struck down the order as “arbitrary“ and “in violation of the principles of natural ustice“.
The decision, which ques ioned the quality of the laboratories where noodle sam ples were tested, is a welcome relief for the company , but it will be some time before Mag gi can hit the shelves. A division bench of Justices V M Kanade and Burgess Colaba walla directed a series of tests at three premier accredited laboratories in India to check Maggi's lead content before it can be sold again.“We are still concerned about public health and public interest,“ said the judges.
The Food Safety Standard Association of India (FSSAI) had ordered recall of the popular noodles on June 5, saying tests indicated the presence of lead in excess of permissible limits and the presence of MSG. A plea by the authorities to stay the verdict was rejected by the HC. Outside the court, officers were noncommittal whether the order would be challenged. Welcoming the ruling, Nestle India said the trust of their consumers and safety of their products were their “utmost priorities“ and they would be working to bring the product back on shelves as soon as possible FSSAI and Maharashtra's Food and Drugs Department (FDA) had justified the ban claiming it was done in public interest and to ensure food safety after reputed laboratories indicated the presence of lead much in excess of permissible limits and MSG despite the declaration on the packets that it contained “no added MSG“. Nestle had challenged the tests and argued its products did not contain lead in excess of permissible limits.
The HC found that the tests could not be relied upon as the laboratories were not accredited by the National Accreditation Board for Testing and Calibration Laboratories (NABL). “The food laboratories where the samples were tested were not authorized labs as provided under the Food Safety Act... Therefore, no reliance can be placed on these results,“ the judges said. Since the HC held that the tests were unreliable, it said FSSAI had been unable to prove that the lead content was beyond permissible limits.
“Principles of natural justice have not been followed before passing the (ban) order and on that ground alone, it is liable to be set aside,“ added the judges, indicating that Nestle was not issued showcause notices, nor given a chance to explain the alleged discrepancies.
The HC said the FSSAI order also violated the fundamental right of equality before the law and freedom to practise a profession.
The order is a huge setback to FSSAI, after the court questioned the procedures followed as well as its powers to impose a blanket ban.The food authority does not have an “unfettered discretion to decide what are the standards which have to be maintained by the manufacturer of propriety food and in respect of such products it was bound by permissible limits of additives and contaminants mentioned in the regulations“, the court said.
-- Edited by Admin on Saturday 15th of August 2015 03:42:46 PM
Maggi case proving hot and sour for govt, agencies
Sushmi Dey
Caught In A Dilemma, May Go For Middle Path
With the Bombay high court's partial re prieve to Nestle India's marquee brand of Maggi instant noodles, the government and the food regulator appears to be faced with a dilemma -whether to keep up with its stringent regulatory check in consumer interest or to resolve the issue in favour of not just Nestle but many other such fast and packaged food manufacturers.
The government reacted rather cautiously and said it will first evaluate the present judgment. “First of all let me go through the details of the judgment. We have heard about it. I would like to go into the detail and see what the judgment say .Accordingly , we will decide about the next course of action,“ said Union health minister J P Nadda.
Senior officials in the ministry indicated the government is keener on resolving the matter while also taking care of the consumer interest. “We do not want to ban Maggi or any other such product. Our intention is to protect consumer interest by ensuring that quality products which are healthy for consumers continue in the market,“ one of them said, adding that the government would like to wait for six weeks and evaluate results of fresh tests of Maggi samples from the three independent laboratories as the Bombay high court has ordered.
The Maggi row had started earlier this year, with the Uttar Pradesh food regulator claiming in May that samples of Maggi tested in the referral laboratory in Kolkata had found 17 parts per million of lead in them when the permissible limit is 2.5 ppm. Moreover, they had found MSG when the packets claimed “no added MSG“.
Nestle had argued that its tests had shown that the lead content was negligible and less than 1% of the fixed limit and that MSG was not added but was present from natural sources. It, however, offered to withdraw the “no MSG“ message.
Following UP , at least a dozen states conducted lab tests on Maggi samples. Following results that showed several contained both or either in excess, the product was temporarily banned. On June 5, FSSAI finally ordered countrywide recall of Maggi.
Regulatory experts say this is a double-whammy situation for the government where on one hand it has consumer interest, while it also cannot afford to completely upset the industry . The FSSAI recall order has constantly come under attack with many state as well as foreign regulators ruling in favour of Nestle. Recently , the Goa Food and Drugs Administration got the samples tested at the renowned CFTRI (Centre for Food Technology Research Institute) at Mysuru that showed the product was in compliance with standards set by FSSAI. The US food regulator, considered one of the strictest in the world, also gave the product a clean chit.
FSSAI keeps its options open
FSSAI on Thursday said it is keeping options open on whether to challenge the Bombay high court order on Maggi noodles. The doors were never shut for Maggi to return to the shelves as Nestle could get fresh product approval, it added.
“The Supreme Court option is neither ruled in nor ruled out,“ FSSAI chairman Ashish Bahuguna said . “I cannot say anything till I receive the court orders.“
The focus of the authority would be the part of the order allowing the company to re-test the 750 samples preserved by it following the ban, said sources. Ideally, the samples of Maggi still available with government agencies should also be tested since those were being sold in the market. This could be a ground to challenge the order.Recently, 20,000 kg Maggi was also seized in Lucknow.
