The discovery of impermissibly high levels of lead and the presence of mono sodium glutamate (MSG) in Maggi noodles — despite a labelled disclosure on Maggi packets denying its use in the product — is adequate reason to put all packaged food products under the scanner. Apparently, West Bengal has done exactly that by sending samples of popular snacks Kurkure and Lays for testing. It was in March 2014 that an Uttar Pradesh food safety official sent samples of Maggi from a batch manufactured in February 2014 for testing to a regional government lab in Gorakhpur. That test revealed only MSG but the company appealed against the results prompting UP to send the samples to the Central Food Laboratory(CFL), Kolkata. The CFL discovered, in addition to MSG, a lead concentration of 17.2 parts per million against the acceptable lead range of 0.01-2.5 ppm in the product. The CFL results reached UP only in April this year despite the samples being sent last July. That the CFL tests took nine months reveals the state of our food safety architecture. In the interim period, several batches of the Maggi noodles would have reached the market, potentially endangering consumers’ health. Now, Delhi has also discovered high levels of lead and MSG in Maggi. The results were delivered within a week of the samples being sent for tests because of the public outcry.
Meanwhile, Nestle India continues with its aggressive defence of its bestselling product. But the controversy raises questions about the ethics espoused by the companies. Maggi has been a popular item of consumption and the discovery of lead raises concerns about the company’s cavalier attitude to food safety and how long the company could have fooled consumers and regulators. It is disconcerting to note that the initiative to test the popular noodle product was displayed by a solitary official in Barabanki though every district in the country has food inspectors and the batch was probably dispatched across the country. It is natural then to wonder how many products elude the systemic checks. More worryingly, CFL, Kolkata, spotted the high lead content which went undiscovered by the regional lab in Gorakhpur, pointing to lower capabilities at the regional public labs.
Further, the credibility of the Food Safety and Standards Authority of India (FSSAI), whose insignia is prominently displayed by branded food products as a signifier of conformity to official standards, has been undermined.
According to the FSSAI website, 32,389 food samples were sent to public laboratories for testing from April to September 2014, of which 4,924 samples did not conform to the Food Safety and Standards Act, and 933 criminal and 2,785 civil prosecutions were subsequently launched. The FSS Act allows for fines up to Rs10 lakh and varying jail terms including life imprisonment if unsafe food causes death. However, in the spirit of the Right to Information Act, the FSSAI must reveal on its website the names of brands — for packaged products — and the names of hotels and eateries — for cooked food — where unsafe samples were lifted from. Recently, the FSSAI CEO YS Malik was forced to go public against accusations by top companies whose products were rejected by the FSSAI. The companies had alleged that the FSSAI’s activism was harming the Prime Minister’s Make in India pitch. Malik pointed out that Make in India also promised “Zero Defect and Zero Effect” and said those who draw parallels with the USFDA or EU regulatory systems should understand that self-regulation works well only in those countries with an enlightened consumer base and an effective and responsive legal system. The Maggi revelations clearly show that companies cannot be trusted with a self-regulatory system. The onus is now on the FSSAI to proactively conduct more tests and strengthen its regulatory oversight mechanisms.
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