Govt warns of action against Nestle, brand ambassadors if Maggi fails FSSAI test

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The company, however, did not name the laboratory and said it is “fully cooperating with the authorities who are conducting further tests”.

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Swinging into action, the Consumer Affairs Ministry on Monday said the central food safety regulator FSSAI (Food Safety and Standards Authority of India) is testing samples from all states and that strict action will be taken for any violation.

All test reports are expected to come within 2-3 days. A case has already been lodged against Nestle India by UP food regulator FSDA in a Barabanki court in Uttar Pradesh over safety standards of its product Maggi.

Actors Amitabh Bachchan, Madhuri Dixit and Preity Zinta were also separately dragged to court for promoting the ‘two-minute’ noodles brand.

While Bachchan said he no more endorses the brand, Dixit recently met Nestle officials in this regard and said the company has assured her about the quality of the product.

Speaking to reporters on if there would be any action against Maggi brand ambassadors, Consumer Affairs Additional Secretary G Gurucharan said, “Yes, they would be liable for action if the advertisements are found to be misleading.”

“It becomes a misleading advertisement if it is found that the product does not have the attributes that the manufacturer professed. And if the brand ambassador has promoted that product and said specifically that the product has those attributes, they are also certainly liable for action,” Gurucharan said.

On the other hand, Food and Consumer Affairs Minister Ram Vilas Paswan said, “In case of Maggi, we have gathered information. UP Food department has investigated and they have found monosodium glutamate (MSG) and lead. Now, FSSAI has taken up the issue. It will take the action.”

Even retailers would be liable for action if they have sold the product with the knowledge of its sub-standard quality, Gurucharan said.

Regarding the expanded probe, Gurucharan said, “FSSAI has taken samples from every state. Testing is going on. Not only MSG and lead, all other parameters are being tested.”

“If any violations are found in the sample report, both FSSAI and the Consumer Affairs Department through NCDRC will take some class action,” Gurucharan said.

He further said that if the misleading advertisement is established, there is a possibility of filing a class action suit through NCDRC against brand ambassadors.

Asked if retailers will be held responsible, Gurucharan said, “If retailers sell Maggi despite being aware of its sub-standard quality, they too will be liable for action. However, the decisions will be taken by the consumer courts.”

There are very few provisions and laws such as Cable and TV regulation Act, FSSAI Act, Consumer Protection Act — which are effective to take action against selling sub-standard products and for misleading advertisements, he added.

Meanwhile, Nestle in a statement said, “We have also submitted samples of Maggi Noodles from almost 600 product batches to an external laboratory for independent analysis and we tested samples from almost 1,000 batches at our accredited laboratory.”

These samples represent around 32 crore packets, as one batch comprises of about two lakh packs. All the results of these internal and external tests show that lead levels are well within the limits specified by food regulations and that
Maggi noodles are safe to eat, it added.

Commenting on the controversy, Amitabh Bachchan told private news channel CNN-IBN that he does not endorse the brand anymore as “my contract is over.”

He further said he has checked with Nestle on the issue and “whether this is all right and if they are sure… I even put a clause in my contract where I said that I hope you people defend me, legally, if something happens.”

Paswan, however, said National Consumer Disputes Redressal Commission (NCDRC) under the Consumer Affairs Department has not received any complaints from consumers on the Maggi issue.

“Unless we do not get written complaint, we cannot take any action,” the Minister added.