The Bombay High Court has declined any immediate or temporary relief to the Swiss multinational Nestle, regarding the ban on its popular product “Maggi 2 minute noodles”. Nestle India has sought an interpretation of the Food Safety and Standards Act 2011, while seeking a judicial review of the order banning Maggi noodles, dated June 6, 2015 passed by the Food and Drug Administration in Maharashtra and another order dated June 5, 2015 passed by the Food Safety and Standards Authority of India (FSSAI).
While considering the petition of Nestle India, the bench opined that the product (Maggi) is already off the shelf and hence no stay on the ban is required at this stage. The court said that if the FSSAI wants to initiate prosecution against Nestle, it should give the Indian arm of the Swiss multinational 72 hours’ notice.
Maggi is banned because of the high content of lead and monosodium glutamate or MSG, a taste enhancer which is not good for health.
Nestle's counsel Iqbal Chhagla argued that the company is exporting Maggi products to foreign countries such as Canada, Australia, England and Singapore and that no ban had been imposed on these countries. He said that a test conducted in Singapore showed all the Maggi products are safe and healthy for the consumers. Chhagla argued that the jurisdiction of the Chief Executive Officer of FSSAI is limited and the food authority is empowered to ban the product only if it is unsafe and that too in emergency situations.
FSSAI counsel Mahmood Pracha has argued that the company had spent Rs 445 crore for advertising its products in the last year. If this money is used for the making and not branding products, it would not have given rise to such a situation. He said all the procedures had been duly followed in issuing the impugned orders. Anil Singh, acting Advocate-General of Maharashtra, said that the food authorities have the power to ban products if they are unsafe and hazardous to health. He argued that all the procedures had been followed in every respect.
By Premji
