May 20, 2015
HC strikes down food safety officer’s order against agro firm, asks for a reason
The Bombay high court recently struck down an order from the Food Safety and Standards Officer that asked ADM Agro Industries Latur and Vizag Pvt Ltd to remove a ‘misleading and deceptive’ label on its packaged refined soyabeen oil pouches.
The division bench of justice Anoop Mohta and justice KR Shriram struck down the order, as there was neither material to support the view of the assistant commissioner (food), nor were reasons given about why the product label was ‘misleading and deceptive’.
The action against the company was taken by the Food Safety and Standards Officer (FSSO) after visiting the company’s depot at Nasik in October 2014. During the inspection, the officer collected samples for testing, and on the same day, issued an order seizing 2,996 one-litre pouches of the refined soyabeen oil.
The company filed an appeal against the FSSO order. Acting on this appeal, the assistant commissioner (food) ordered the release of the seized pouches in March 2015, but on the condition that the company removes the label.
The company then challenged the assistant commissioner’s order in the high court. The FSSO responded to the petition saying the label – with the slogan “health fit toh sab fit” –and the claim of the edible oil being naturally rich in Omega -3, along with a sketch of a heart, was misleading and deceptive. The FSSO said they had no objection if the product is sold without the label.
However, the high court said the assistant commissioner had cited no reasons in his order about why the label was misleading and deceptive.
“A mere heart-like sketch, along with the statement health fit toh sab fit, would not amount to a misleading and deceptive statement,” the court said.
The court said sections 22 and 23 of the Food Safety and Standards Act, 2006, say there should be no misleading and/or deceptive statements on product labels, but there has to be some material indicating the statements on this label are such.
While the order passed by the assistant commissioner has been struck down, the court granted the authority the liberty to initiate action again, after passing a reasoned order.
UNHEALTHY - Regulator objects to energy drinks
New Delhi:
The Food Safety and Standards Authority of India (FSSAI) has ordered a ban on the sale and manufacture of several energy drinks in the country , including Monster Energy and Monster Energy Absolutely Zero, citing health concerns.
According to the FSSAI order, dated May 8, a copy of which is with TOI, the decision is based on a report by its scientific panel which found that Monster Energy has an irrational combina tion of caffeine and ginseng, which have opposing effect on human body .
Monster Energy Absolutely Zero, the panel claimed, contains vitamins (Vitamins B2, B3, B6 and B12) above the recommended daily allowance.
Despite several attempts, TOI could not speak to the manufacturers or distributors of the energy drink. “This is not the first time the FSSAI has withdrawn No Objection Certificate for an energy drink.The regulatory body had issued similar orders against Tzinga Energy Drink, in clusive of its multiple variants, on April 22,“ said Amit Khurana, programme manager, food safety and toxins at Center for Science and Environment (CSE).
He said CSE also, in one of its studies, has found that as many as 44% of the samples of energy drink contained more than 145 ppm of caffeine--the standard for carbonated beverages.
The health impact of energy drinks was also highlighted by the WHO report in 2014, which had warned that the increased con sumption of the caffeinated beverage may pose a danger to public health.
Dr Anoop Misra, direc tor, Fortic C-Doc Center for Excellence for Diabetes Metabolic Diseases and En docrinology , said energy drinks are a rage among teenagers these days.
“Often, children con sume energy drinks think ing that it boosts their ener gy and they will be able to concentrate more but grad ually they get addicted to it It causes sleep disturbanc es, dizziness and nervous ness,“ he said.
Ban on Maggi? Too little, too late
Besides its quick preparation time, the instant noodles permeated into Indian minds as an object of emotional attachment.
I believe there are two kinds of people - those who like a clear chicken broth, stir-fried vegetables, and steamed fish, and those who like thick sweet corn soup, crispy chilli potatoes, and, well, Maggi. My intention is not to generalise or throw Oriental food into a blanket category, but to think about the number of people who find comfort in food that uses copious amounts of Monosodium glutamate (MSG).
Maggi has been an easy snack to prepare for mothers trying to pacify a crabby child, a go-to dinner for tired students who live on their own, and bright, steaming consolation to slurp out of a bowl on a grey day. The credit for the inception of the brand belongs to Switzerland, but Maggi noodles have been eaten in India since 1982 - seven years before I was even born. Besides its quick preparation time (which is more than two minutes, by the way), Maggi permeated into Indian minds as an object of emotional attachment. The fact that it is unhealthy and of negligible nutritional value seemed to bother no one. Until now.
The Food Safety and Standards Authority of India (FSSAI) has received a plea to carry out a quality check, and, if necessary, take it off the market. I wonder if they think Indians will react to this any differently than they did to the beef ban. Ours is an emotional country, and people like to hold on to what they've been used to. The noodles have come to represent a sort of cross between junk food and filling meals. A ban would be like snatching candy from a child.
Have your say. You can comment here.Even if the brand does face a ban, monitoring the amount of MSG that goes into food in general is going to be a mammoth task. It's going to entail walking into every Indianised-Chinese restaurant and have chilli chicken and thick soups taken off the menu. Supermarket shelves will have to be scanned for frozen meals and processed meat. Owners of vans and momo stands will need to think of other ways to earn their livelihood. And heaven help those who will have to face the wrath of Delhi University students for taking Uncle Tom away from North Campus. In the long run, Maggi disappearing is less likely to have a positive impact and more an apocalyptic outcome, at least in India.
If health was a serious issue for the country, all our street food would be sold under the supervision of the FSSAI. There would be no flies in mithai shops and gol guppas would probably be handed out with chopsticks. In all sincerity, "the Maggi ban" just seems like another impulsive roar that will die down soon. Irrespective of the brand's denial of the alleged MSG and lead content, if these crackly yellow packets are to be bidden goodbye to, I'd be left wanting a justification for all the ill health that anyone who has ever eaten its products is cursed with.
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