Jun 30, 2015

Bombay High Court allows Nestle India to export Maggi

Nestle India counsel informed the Bombay High Court that the company has recalled nearly 11,000 crore packets of Maggi and destroyed 1,700 crore packets after the ban was imposed.
In a big relief for troubled Nestle India, the Bombay High Court on Tuesday allowed the company to export Maggi noodles. The company had approached the court after the government banned Maggi instant noodles following reports of presence of harmful substances such as lead and monosodium glutamate (MSG).
Nestle India counsel informed the Bombay High Court that the company has recalled nearly 11,000 crore packets of Maggi and destroyed 1,700 crore packets after the ban was imposed.
During the hearing, government lawyer questioned why the multi-national company was destroying the product when it consider it is safe to export, the court said Nestle India had the liberty to export Maggi noodles.
The company had moved the high court challenging the ban imposed by a June 5 order by Food Safety and Standards Authority of India (FSSAI) banning nine variants of the popular instant snack.
It had also questioned a similar order by the Maharashtra government prohibiting the sale of the same products on the ground they were unsafe and harmful to the health of people.
The high court bench hearing case had said the authorities were entitled to prosecute the company in case of procedural lapses and if they were not satisfied with the reply of Nestle to the food authorities.
The impugned orders also asked the company to stop production, processing, import, distribution and sale of their products with immediate effect, said Nestle. Nestle also sought setting aside the order of Maharashtra Commissioner of Food Safety, banning the production and sale of 'Maggi' products in the state.
The company said the impugned orders do not comply with the mandatory provisions of section 34 of Food Safety and Standards Authority Act which deals with Emergency prohibition notices and orders. It said the orders were passed without any authority and without following due process of law.

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