Nestle India challenges Maggi ban in Bombay HC

Terms ban arbitrary, argues that no prior notice was given; alleges company not given proper hearing

Nestle India in its petition has made a plea before the Bombay High Court to stay the orders passed by the Food Safety and Standards Authority of India (FSSAI) and the Maharashtra Commissioner of Food Safety to recall 'Maggi Instant Noodles with Taste Maker' and ban its production, processing, import, distribution and sale.

The company has also challenged the orders with regard to the withdrawal and recall of 'Maggi Oat Masala Noodles with Taste Maker' and any other food product manufactured and marketed by it. The company has submitted that the impugned orders are illegal, arbitrary and violative of the principles of natural justice and hence violative of the Constitution of India and should be set aside.

The company has further said that the impugned orders have been passed without authority and without following the due process of law. These orders have far reaching consequences on it and its right to carry on business.

Food Safety and Standards Authority of India, its chief executive, the Government of Maharashtra and the state commissioner of food safety have been made respondents. The petition is slated for hearing on Friday before division bench comprising Justices VM Kanade and Burgess Colabawalla.

The petitioner argued that no prior notice has been given by the Designated Officer of his intention to apply for prohibition orders and no proper hearing was given to the Petitioner. 

"There is no reference in the orders of any application by the Designated Officer of the existence of a "health risk condition" nor has the Petitioner been served with any notice by any Designated Officer to that effect. The Respondents have merely made reference to certain test reports in relation to Maggi Noodles with Taste Maker drawn from the State of Maharashtra and States and on the basis of the fact that the test reports state that the taste maker indicated presence of lead in excess of permissible limit of 2.5 PPM. Thus, failure of the Respondents to undertake risk analysis to determine even the existence of any health risk condition renders the Impugned Order void and liable to be set aside.''

The company said that its product of Maggi Noodles and all its variants is manufactured in full compliance of the food regulations prescribed under the Act. According to the company, it has always committed and endeavoured and in fact maintained the highest standard of food safety and in the 30 year history of Maggi Noodles in this country.

''The fundamental reason for the confusion between the test results of the Company and the results of the various laboratories is principally on account of the method of testing. The correct method of testing is to mix the Taste Maker with the noodle cake and test the entire product rather than to test the Noodle cake and Taste Maker separately. The Taste Maker is a mere seasoning and is not intended or meant to be eaten on its own. Consequently by testing it separately, the Department is seeking it as a separate food, which is erroneous and not intended in the course of sale of Maggi Noodles. The products are fully compliant and there are no contraventions as alleged,'' the company said.

This apart, the company submitted that it does not add any MSG to the product; consequently, the list of ingredients given upon the label also does not contain the name of MSG. However, the company said it uses hydrolysed groundnut protein, onion powder, garlic powder, spices, turmeric, wheat flour etc. to make MAGGI Noodles, all these ingredients contain glutamate.