Maggi ban would have been lifted if Nestle acted on time: FSSAI

Nestle India says the authorities failed to do a number of things before declaring its product unsafe

Mumbai: Regulator Food Safety Standards Authority of India (FSSAI) told the Bombay high court on Thursday that if Nestle India Ltd had come to it and satisfied its requirements for product approval within 15 days as sought in its 5 June order, the ban on the sale of Maggi noodles could have been lifted.

According to Nestle India, however, the authorities failed to do a number of things before declaring its product unsafe, including issuing the company a show-cause notice before announcing the ban and conducting tests on the food as it is meant to be consumed.

The food regulator’s order to stop sales, distribution and manufacture of Maggi noodles came a day after Nestle India’s announcement recalling all Maggi packets from the market. Hence there was no need for a show-cause notice, said Anil Singh, Maharashtra additional solicitor general and counsel for FSSAI. He added that the company’s decision to recall the product was also ground for suspicion.

On Wednesday, the food regulator said that it had wide powers and could act against products even if there was “mere suspicion” that the food presented a risk to human health.

The 5 June order alleged three major violations by Nestle India: the presence of lead in excess of the maximum permissible levels of 2.5 parts per million (ppm), misleading labelling on Maggi noodles packets reading ‘No added MSG’ (monosodium glutamate), and release of a non-standardized food product in the market—Maggi Oats Masala Noodles with Tastemaker—without risk assessment and grant of product approval.

The company has agreed to change its packaging to rectify the mislabelling. It is also recalling the products, said Singh.

“Now it is to be seen if the product application is proper. I don’t understand why they have petitioned this court,” he said.

“This is not a permanent ban. We ultimately want safety of consumers,” Singh said, adding, “Everyone likes Maggi, we are not against them.”

Nestle senior counsel Iqbal Chagla also questioned the validity of the tests, saying government labs are not equipped to conduct them as they do not accreditation from the National Accreditation Board for Laboratories to test either for lead or cereals and spices.