Maggi row: Supreme Court issues notice to Nestle India on FSSAI’s appeal

After a favourable HC order, Swiss giant Nestle had relaunched its instant noodle on November 9.

Written by Utkarsh Anand | New Delhi | Published:December 11, 2015 12:42 pm
maggi, maggi news, maggi ban, mabbi back, maggi sale, nestle, nestle india, maggi ban again, maggi india, india news After a favourable HC order, Swiss giant Nestle had relaunched its instant noodle on November 9. (Express Photo)

The Supreme Court on Friday sought a response from Nestle India on an appeal by the Food Safety and Standards Authority of India (FSSAI) against lifting the ban on popular instant Maggi noodles.

A bench led by Justice Dipak Misra waived off the formal notice as Nestle’s counsel Harish Salve accepted the notice and said he would file a reply to the petition by January 5.

Attorney General Mukul Rohatgi, who appeared for the FSSAI, said he was not pressing for an immediate stay of the Bombay High Court order but, he wanted to draw the court’s attention towards the difficulties being faced by the good regulator in view of the HC order. The bench agreed to examine FSSAI’s contentions on January 13.

After a favourable HC order, Swiss giant Nestle had relaunched its instant noodle on November 9.

The FSSAI, in its petition, has questioned the “sanctity” of the samples provided to the government-approved labs for the re-test, contending that the High Court had asked Nestle to provide samples whereas it should have been picked up randomly from the market. As per the sources, seeking Maggi samples from Nestle vitiated the entire procedure of re-testing and that a neutral authority should have ideally lifted the samples.

Further, the petition has claimed that the Bombay High Court allowed substantial changes in its order when Nestle filed a plea for correction of the original order on the ground of there being certain typographical errors.

“This led to a substantial impact on the outcome of the proceeding before the High Court,” FSSAI officials said.

They added that stacking Maggi back on shelves without a fresh permission from the authorities also amounts to a breach of a pertinent provision in the Food Safety and Standards Act, 2006.

In August, the High Court had quashed the orders of FSSAI and Maharashtra food regulator FDA, which had banned nine variants of Maggi noodles in the country. It had said that the principles of natural justice were not followed in executing the ban as the manufacturer was not given a hearing. The court had allowed Nestle to go in for fresh testing of five samples of each variant of the noodles at three independent laboratories in Punjab, Hyderabad and Jaipur which were accredited with National Accreditation Board for Testing and Calibration Laboratories (NABL).

It had clarified that these samples would be taken out of the 750 samples preserved by the company following the ban and if the lead content was found below permissible limits by the three labs, Nestle India will be allowed to manufacture Maggi noodles. Subsequently, Nestle had announced that tests done on fresh Maggi samples provided to government approved labs were found safe and retail sales would start shortly.

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  1. G
    GK
    Dec 11, 2015 at 11:32 am
    FSSAI need to stop its witchhunt. They should be going after hundreds of products in the country from unreliable suppliers which are poisoning our people. They should stop going after Maggi from Nestle which has some of the best safety standards in the world
    Reply
    1. S
      Shankar
      Dec 11, 2015 at 4:56 pm
      The fssai confusing the indian people and trying to get money from the manufacturer
      Reply
      1. A
        Andy Mills
        Dec 13, 2015 at 5:01 pm
        A blatantly political move. The Indian labs have absolutely no idea what they are doing, the Noddles were cleared by every other lab in the world where they were tested. India's labs are better than those in Singapore, Canada, and Europe? I hardly think so. Carry on India drive away all foreign investment, the word is a big place there are other countries to look which will not try to cripple foreign compeion. Good luck on your own.
        Reply
      2. M
        Murray Birdi
        Dec 11, 2015 at 12:46 pm
        all coz of baba ramdev.
        Reply
        1. R
          Rajendra the
          Dec 11, 2015 at 6:43 pm
          Ban the coke and pepsi pesticides
          Reply
          1. H
            Honest citizen
            Dec 11, 2015 at 5:29 pm
            India should stop manufacturing and of all junk foods.
            Reply
            1. S
              Suresh Hattangadi
              Dec 11, 2015 at 1:38 pm
              From the very beginning Nestle' has been playing with Indian Regulatory system.First they got their samples tested by foreign laboratories without disclosing the sample provided were manufactured in India or were manufactured for 'export' which are likely to be more stringent in testing.Thereafter as stated by FSSAI they went to court without keeping FSSAI in the loop.Here court is also at fault by giving its orders without seeking FSSAI's views.The entire affair is murky and raises doubts about integrity of Nestle' rather than FSSAI .It is also common sense that lead content if found exceeding in Indian laboratories cannot go down in foreign laboratories simply because they have better equipment.Nestle's actions are causing more suion than FSSAI's action.
              Reply
              1. V
                VIVEK
                Dec 11, 2015 at 12:26 pm
                As again, the Court, FSSAI and Nestle have done a not so great job. And nobody knows what is going to happen. So typically Indian.
                Reply
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