Food regulator to pursue Maggi ban case in apex court

MUMBAI: Two months after the Bombay High Court set aside the order passed by Food Safety and Standards Authority of India (FSAAI) and state Food and Drug Administration (FDA) to ban nine variants of Nestle's Maggi instant noodles, the FDA has decided to file a special leave petition (SLP) before the Supreme Court.

"We have carefully studied the high court order. I think we have scope for knocking at the doors of the apex court against the high court verdict. We have submitted our proposal to the state government for approval. I expect to file the special leave petition as early as possible, may be within a week,'' FDA commissioner Harshadeep Kamble told TOI.

A Nestle spokesperson reacted to FDA's decision to file the SLP. "We have no information that an appeal is filed by the state government against the recent order passed by the Bombay high court in the matter pertaining to Maggi noodles,'' he said.

A day after the FSAAI imposed a nationwide ban on Maggi noodles on June 5, 2015, the state FDA too promulgated a similar ban order on the ground that the noodles were unsafe and hazardous for consumption owing to excessive lead content.

Nestle India filed a writ petition before the Bombay high court against the ban orders passed by the regulatory bodies, FSAAI and FDA. Nestle had said the ban was "unauthorised, arbitrary, unconstitutional for violating right to equality and trade" and had violated principles of natural justice since it was not allowed a proper hearing. Setting aside the ban order, the Bombay high court had on August 14 observed that it was arbitrary and against the principles of natural justice.

"While passing the order, principles of natural justice have not been followed before passing the impugned order and on that ground alone the order is liable to be set aside," Justice V M Kanade and Justice B P Colabawalla had observed in their order.

Further, the court made critical observations against the regulator for lack of transparency and passing the order in an arbitrary manner.