Bombay HC asks FSSAI to justify actions against Maggi

Court also asks for clarifications on terms such as accreditation, notification and recognition used in connection with labs

Mumbai: The Food Safety and Standards Authority of India (FSSAI) began its arguments in the ongoing Maggi ban case before the Bombay high court on Wednesday by saying it can act against products even if there is “mere suspicion” that the food may present a risk to human health.

The food regulator is empowered to issue directions for sale and distribution of safe and wholesome food, and can act on the basis of available information and pending scientific assessment, Anil Singh, additional solicitor general representing FSSAI, told the two-judge bench, citing various sections of the FSSAI Act 2006.

According to Singh, laboratories can even conduct the tests without being accredited by the National Accreditation Board for Laboratories (NABL) if they are recognized by the regulator.

However, the bench comprising justices V.M. Kanade and B.P. Colabawalla was not satisfied. It asked Singh to formulate the actions of the food regulator by validating and justifying them. It also asked for clarifications on terms such as accreditation, notification and recognition used in connection with labs.

“We are here to test the actions of the regulator as to whether they are reasonable, arbitrary, proper or wrong. Under Section 226, we have the authority to test executive action and also to test legislative action,” said justice Kanade, while noting that the food regulator has the authority to override legislative acts.

In its argument, Nestle India Ltd had called the ban on Maggi noodles illegal and arbitrary. “The authorities did not have any such power, nor does the state,” Nestle India’s lawyer Iqbal Chagla had told the court earlier.

Chagla had also questioned the validity of the tests as the government labs are not equipped to conduct the tests as they were not accredited by NABL to test either for lead or cereals and spices used in the product.

FSSAI banned Maggi noodles on 5 June following reports from various states about high levels of lead and the presence of taste enhancer monosodium glutamate. The food regulator termed the noodles “unsafe and hazardous” for human consumption.

Maharashtra, which had also imposed a ban on 6 June following its own tests, is also a respondent in the case along with the FSSAI. It will present its arguments later in the week.