Maggi row: High Court asks FSSAI why it banned 9 variants when lead content was high only in 3

The Food Safety and Standards Authority of India (FSSAI) on Thursday justified its decision of imposing a country-wide ban on Maggi noodles.

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The high court also observed that of the 72 samples tested by the food authority, 30 were found to have high levels of lead.

The Bombay High Court on Thursday asked if India’s food regulator had found non-permissible levels of lead in three variants of Maggi noodles, then why it banned all the nine variants of the product.

The high court also observed that of the 72 samples tested by the food authority, 30 were found to have high levels of lead. “In such a scenario, wasn’t it necesry to give them (Nestle India) time to give explanation?” said Justices V M Kanade and B P Colabawalla. The Food Safety and Standards Authority of India (FSSAI) on Thursday justified its decision of imposing a country-wide ban on Maggi noodles. It said that Nestle India had started recalling its products before its ban order was passed.

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On the court’s query of banning all nine variants, Advocate General Anil Singh, appearing for the FSSAI, submitted that even a one-year-old child consumes Maggi. Therefore, he said impact on the health of people, primarily children, had to be kept in mind. He also said that the company should not have “rushed” to the HC with a petition.

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“It is not like we have completely banned Nestle. I don’t know why the company rushed to the court as they could have approached the authority also. The showcause notice was issued to them in public interest,” Singh argued.

Defending its decision of asking the company to stop manufacturing Maggi noodles, he said ample time was given to them to show cause. Nestle India had earlier pointed out that labs where initial samples of the product were tested were non-accredited.

Singh said that the referral lab in Kolkata the company had mentioned was recognised under an earlier Prevention of Food Adulteration Act. He said till the new FSS Act and its regulation were implemented, the government’s labs could go ahead with testing. “We couldn’t have taken the risk, allowing them to sell their products further. The question is whether approval given to them should continue or not,” said Singh.

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