Bombay High Court to decide on Maggi ban tomorrow

Thursday's order will put an end the long-drawn legal tussle between Nestle India and food authorities of both Maharashtra state and centre.

After hearing arguments for over a fortnight and examining several bundles of documents, the Bombay is set to pronounce whether or not India’s food regulator was right in banning Maggi noodles manufactured by food giant Nestle India.

On June 5, the Food Safety and Standards Authority of India (FSSAI) ordered Nestle India to withdraw all nine variants of Maggi instant noodles from the market terming them “unsafe and hazardous” for human consumption. The company had earlier argued that CEO of FSSAI, while passing the order had acted in an “emergent, drastic and arbitrary” fashion while raising doubts over his jurisdiction. Nestle also argued that the food regulator had not served any notice before passing the order of ban. A similar order was passed the Maharashtra Food and Drug Authority.

According to the FSSAI, the bone of contention is Maggi noodles having excessive lead content, which Nestle India has vehemently denied.

The company has also been accused of misleading the customers by mentioning “no added msg” on its packets.

On the contrary, Nestle India has argued in HC that before asking them to ban the product, there ought to have been a mention of injury or risk to health by the company.

Therefore, it was argued in court, that the merely by claiming there was a quality issue, the order could not have been passed.

The company claimed it has been operating in India for 30 years, in additional to having a worldwide reach. Children are being told that they are consuming poison, which is worrisome for its credibility and reputation, it was argued.

Tomorrow’s order will put an end the long-drawn legal tussle between Nestle India and food authorities of both Maharashtra state and centre.

Maggi Noodles Correctly Banned? Court Expected to Decide Tomorrow

NEW DELHI: A claim for 640 crores or 99 million dollars in damages from food group Nestle after a food scare involving Maggi noodles will be heard on Friday by the country's top consumer forum. Tomorrow, the Bombay High Court is expected to rule on whether the government correctly enforced a country-wide ban on the popular snack.

The claim for damages, made on behalf of Indian consumers by the government, was filed with the National Consumer Disputes Redressal Commission (NCDRC), which has semi-judicial powers.

Nestle has been accused of unfair trade practices in the first case in India that is being seen as a class-action suit against a multinational.

"We are disappointed with the unprecedented step of filing of a complaint before the National Consumer Disputes Redressal Commission (NCDRC) against Nestle India. Based on newspaper reports it appears that the complaint makes similar allegations which were made to ban the product on 5th June 2015," said a statement from the company.

In June, the country's food safety regulator banned Maggi as "unsafe and hazardous for human consumption" after excessive amounts of lead were reported in samples tested in Uttar Pradesh. Nestle was also accused of violating labelling rules and misleading customers by declaring the noodles have do not contain added MSG or added mono-sodium glutamate (MSG), a taste enhancer.

Nestle has recalled Maggi from shops across the country while asserting its snack is safe and challenging the ban in the Bombay High Court.

Disappointed with govt's unprecedented step: Nestle India

A day after the government filed a Rs 640-crore class action suit against Nestle India before consumer redressal forum NCDRC, the company today said it is disappointed with the 'unprecedented step'. 

"We are disappointed with the unprecedented step of filing of a complaint before the National Consumer Disputes Redressal Commission (NCDRC) against Nestle India," the company said in a statement. 

Based on newspaper reports it appears that the complaint makes similar allegations which were made to ban the product on June 5, 2015. These issues are awaiting judgment by the Hon'ble Bombay High Court, it added. 

Yesterday, the Consumer Affairs Ministry had flied a case before the consumer forum NCDRC seeking Rs 284.45 crore in basic damages and another Rs 355.50 crore in punitive damages totalling Rs 639.95 crore from the Swiss giant. 

In the petition, the ministry said it is in the process of "tabulating further damages" and will seek additional damages when further facts and data emerges. 

The company, however, insisted that it maintained "the highest standards of food quality and safety in the manufacture of all its products" and "have a stringent programme to test the ingredients that go to make Maggi noodles". 

Nestle India further said in recent months, it had tested over 2,700 samples of Maggi noodles by several accredited laboratories both in India and abroad and each one of the tests showed lead to be far below the permissible limits. 

"In addition Maggi noodles made in India have been tested and found to be safe for consumption by the authorities of several countries across the world," the company claimed.

Nestle chairman says lab tests show Indian noodles safe-paper

Aug 12 Indian authorities have forced Nestle to burn 29,000 tonnes worth of food in a noodle health scare, Chairman Peter Brabeck told a newspaper, dismissing the allegations as unfounded.

"Laboratories in the United States, Britain, Australia and Singapore did not find anything harmful in the noodles. Our products are safe for consumers," he was quoted as saying by Swiss paper Handelszeitung in an advance summary of a story. He said the Indian case was "not harmless and not to be underestimated."

First onus on food recall lies with business operator

The first responsibility for recall of food has been cast upon the food business operator, parliament was told on Tuesday.

"Lack of food recall policy is not accountable for non-conformity on food safety standards. As a matter of fact, the first responsibility for recall of food has been cast upon the food business operator," Minister of State for Food Processing Industries Sadhvi Niranjan Jyoti told the Lok Sabha in a written reply.

"As per the international practices, a food recall is an action taken to remove the food which is unsafe from the entire food supply chain from the manufacturer to the consumer. However, the food recall procedures may vary from country to country," she added.

The minister's comment came at a time when an international company had to recall its noodle brand in India as laboratory tests showed excess level of lead in their products.

According to Section 28 (1) of the Food Safety and Standards Act, 2006: "If a food business operator considers or has reasons to believe that a food which he has processed, manufactured or distributed is not in compliance with this Act, or the rules or regulations, made there under, he shall immediately initiate procedures to withdraw the food in question from the market and consumers indicating reasons for its withdrawal and inform the competent authorities thereof."

'If processes food is not in compliance with the Food Safety Act, it should be immediately withdrawn'

New Delhi, Aug 12 (KNN) As per information provided by Ministry of Health & Family Welfare, Section 28 of the Food Safety and Standards Act, 2006 provides for the Food Recall Procedure.

As per the international practices, a food recall is an action taken to remove the food which is unsafe from the entire food supply chain from the manufacturer to the consumer. However, the food recall procedures may vary from country to country, Minister of State for Food Processing Industries Sadhvi Niranjan Jyoti said in a written reply in Lok Sabha on Tuesday.

Lack of food recall policy is not accountable for non-conformity on food safety standards. As a matter of fact, the first responsibility for recall of food has been cast upon the Food Business Operator.

Section 28 (1) of the Food Safety and Standards Act, 2006 stipulates that “If a food business operator considers or has reasons to believe that a food which he has processed, manufactured or distributed is not in compliance with this Act, or the rules or regulations, made thereunder, he shall immediately initiate procedures to withdraw the food in question from the market and consumers indicating reasons for its withdrawal and inform the competent authorities thereof.”

As envisaged under Section 28 (4) of Food Safety and Standards Act, 2006 the Food Authority has notified the Draft Food Safety and Standards (Food Recall Procedure) Regulations, 2015 in the Gazette of India on 22/04/2015 and made the same available to the public on 29/05/2015 for inviting comments/ suggestions from the stakeholders before final notification she said.

FSSAI Seizes 200 Quintals of Maggi from Lucknow Warehouse

The Food Safety and Standards Authority of India (FSSAI) has seized 200 quintals of instant Maggi

noodles from a warehouse on the outskirts of Lucknow, a senior Uttar Pradesh Food Safety and Drug Authority said.

The central drug officer seized 200 quintals from a company owned gowdown in Banthara area, Additional Food Commissioner (Administration) Ram Araj Maurya said. He, however, said that further details could be revealed only by central authorities.

Shares of Nestle India plunged last week after the FSSAI said it has not given any clean chit to the company's banned Maggi noodles, while rubbishing all-clear reports from two of its empanelled labs citing lapses in tests.

According to a senior UP FDA official, in Lucknow, one more sample of instant Maggi noodles had failed laboratory test last week.

Plea to check adulteration of milk

Indian Consumer Rights Foundation here has sought the intervention of food safety officers to check any adulteration of milk.

President of the foundation A. Sankar here on Tuesday urged the officials to collect samples and check adulteration, if any.

Some vendors alleged that harmful additives were mixed into the milk of private dairy companies to keep it fresh even for two days with clear indication of shelf life. Hence, authorities should keep a constant vigil.

District Designated Officer of Food Safety and Standards Act M. Jegadis Chandrabose said the authorities had no role on shelf life of packaged milk, for which the producers of brands had their own discretion. But, samples of milk could be collected and forwarded to food analysing laboratory in Palayamkottai to check any adulteration.

Forty-eights samples had been lifted over the last three months in various parts of the district, he toldThe Hindu .

Except one or two samples, which showed ingredients in milk were unfit for consumption, results of analyses on other samples from the lab confirmed to standards.Fine was imposed on two dairy companies.