Maggi may face 'Maha' hurdle; state likely to reinforce ban

The Maharashtra government argues that they have sufficient powers to act under the Food Safety Act (FSA) for the interest of public health.

Nestle's flagship brand 'Maggi' instant noodles is unlikely to be on the shelves anytime soon if the Supreme Court accepts the plea that is likely to be filed by the Maharashtra government. 

The Maharashtra government argues that they have sufficient powers to act under the Food Safety Act (FSA) for the interest of public health. 

In the petition which has been accessed by CNBC-TV18’s Ashmit Kumar the state government seeks to reinforce the ban on the sale of the instant noodles, which had been lifted by the Bombay High Court. 

Sources say there were various legal arguments being raised by the state government. They have argued that there were legal remedies available to Nestle under FSA but those were not taken, and that the appeal before the Bombay High Court is not legally tenable. 

The state government also argues the veracity of the lab reports cannot be questioned because they were approved by the High Court. Incidentally, they are relying on the reports that the FSSAI had relied on in the first place. 

They state also argues that High Court’s observation that principles of National Justice were not followed are also case of erring argument by the Bombay High Court. 

So despite Nestle’s announcement that manufacturing is currently underway at three facilities they could still face legal hurdle, if the appeal was accepted by the Apex Court.