Oct 9, 2015

HC grants respite to Amway, dismisses PIL against its products

Nagpur: The Nagpur bench of Bombay High Court granted respite to FMCG major Amway Enterprises on Thursday by dismissing a PIL demanding the ban of its products.
A division bench comprising Justice Bhushan Gavai and Justice Prasanna Varale stated that prima facie the studies didn't find any product unfit for the consumption. The court however asked Food Safety and Standard Authority of India (FSSAI) to take action as per laws if Amway's products were found to be unfit for consumption in future.
The PIL filed was by social workers — Sachin Khobragde and Jammu Anand — through their counsel Nihalsingh Rathod. Citing provisions of Food Safety and Standards Act 2006, the petitioners prayed for directives to FSSAI to recall all Amway products which are being sold without valid license/approval/NOC, and investigations from an independent body into entire episode. They also demanded conducting audit of FSSAI.
During last hearing, the court directed FSSAI to go ahead with its action of recalling its seven products after those were found unfit for consumption in their scientific studies.
FSSAI had filed an affidavit stating that as many as 37 products of chain marketing major were put under scanner of which seven were found to contain more than permissible quantities of minerals and vitamins, as per studies conducted by Indian Council of Medical Research (ICMR) and National Institute for Nutrition (NIN). All these products were found without mandatory licenses/no-objection certificates (NOC)/product approvals from the food authority.
Out of 37 products were under the scanner, seven including — Nutrilite Natural B tablets, Calcium Magnesium D, Nutrilite Iron Folic tablets, Nutrilite Bio C, Positrim Vanilla, and Nutrilite Kids Drink in mixed fruit flavour had been rejected by the food authority. NOC's of Nutrilite Salmon Omega 3, Nutrilite CH Balance and Nutrilite Fiber were expired, still they were being sold.
The petitioners had claimed that despite being directed by FSSAI to recall them, the company is still selling them openly in the market.

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