Maggi saga: Twelve questions that tore through FSSAI's defence

The questions that Bombay HC raised, which gave a lifeline to Nestle's battered noodle brand

In many respects, the Nestle-FSSAI saga is a test case for regulator-company relations in India. The Maggi ban and ensuing courtroom drama is a study in itself. When pronouncing the verdict yesterday, Justice VM Kanade of the Bombay High Court raised twelve questions, which were nothing but the points of contention in the dispute pertaining to the recall and ban of Maggi. Here is a list of the questions that tore through the defence of the FSSAI and the Maharashtra FDA.

• Whether the writ petition filed by the petitioner - company (that is, Nestle India) under Article 226 of the Constitution of India is maintainable or not?
• Whether there was suppression of fact on the part of the petitioner - company and whether it had made an attempt to destroy evidence disentitling it from claiming any relief from this court?
• Whether respondent No. 2 (CEO of FSSAI) could impose a ban on the ground that the lead found in the product of the petitioner was beyond what the latter had represented in its application for product approval, though it was below the maximum permissible limit laid down under the regulations?
• Whether the food authority (FSSAI) had unfettered discretion to decide what are the standards which have to be maintained by manufacturers of proprietary foods and whether in respect of the proprietary food (that is, Maggi noodles), the food authority was not bound by the permissible limits of additives and contaminants mentioned in the regulations and the schedules appended thereto?
• Whether in view of the provisions of Section 22 of the Food Safety and Standards Act, 2006, there was a complete ban on the manufacture of sale and products mentioned in the said section? (In other words, is a complete ban allowed under Section 22 of the Food Safety & Standards Act, 2006)
• Whether there was violation of the principles of natural justice on the part of the respondents (in this case, CEO of FSSAI, State Food Commissioner of Maharashtra and Maharashtra State)?
• What was the source of power under the which the ban and recall of Maggi was passed?
• Whether the analysis of the product manufactured by the petitioner could have been made in the laboratories in which the said product was tested by the Food Authority and whether these laboratories are accredited by NABL and whether the reports submitted by these laboratories can be relied upon?
• Whether reliance can be placed on the reports obtained by the petitioner from its laboratory and other accredited laboratories?
• Whether the food analyst was entitled to test the samples in any laboratory, even if it was not accredited and recognised by the food authority (that is, FSSAI)?
• Whether it was established by the food authority that the lead beyond permissible lead was found in the product of the petitioner and the product of the petitioner was misbranded on account of the declaration made by the petitioner that the product contained "No added MSG"?
• Whether the respondents were justified in imposing a ban on all the nine variants of the petitioner though tests were conducted only in respect of three variants and whether such ban orders are arbitrary, unreasonable and violative of Article 14 and 19 of the Constitution of India?

Bombay High Court sets aside order imposing ban on manufacture/sale of Maggi Noodles in India

If the lead content is within permissible limits, the company can start the sale of its products. The company also said that it will remove the 'no added MSG' tag from its packets.

The Bombay High Court on Thursday quashed an order passed by the Food Safety and Standards Authority of India (FSSAI), imposing a nation-wide ban on the manufacture and sale of Maggi noodles, a product of Nestle India Private Limited.

A division bench of Justice V M Kanade and Justice B P Colabawala held the ban order as arbitrary and unjust. However, it directed the company to re-test samples of the nine variants of the noodles at three independent laboratories – in Punjab, Jaipur and Hyderabad -- to ascertain the amount of lead within six weeks. 

If the lead content is within permissible limits, the company can start the sale of its products. The company also said that it will remove the 'no added MSG' tag from its packets.

On June 5, FSSAI issued the ban order, stating that a test carried out at a laboratory indicated high presence of lead content, which is harmful to the health of consumers. A day later, state Food and Drug Adminis tration (FDA) issued a similar order, imposing the ban in Maharashtra.

The judges ruled that the principles of natural justice had not been followed in this case as the company had not been given a show-cause notice before imposing the ban. The high court was also of the opinionthat the laboratory in which the samples were tested was not affiliated to the National Accreditation Board for Testing and Calibration Laboratories (NABL).

The samples for fresh test would be drawn from 750 crates. The FSSAI and FDA sought a stay on the judgment, in order to appeal in the apex court. However, the request was turned down by the court. The company gave an undertaking that it would not manufacture or sell Maggi noodles till the results of the three laboratories were received.

On a plea by food regulators that the petition filed by Maggi was not maintainable, the high court said it had the jurisdiction to hear the matter under powers derived by it under the Article 226 of the constitution.

Nestle had argued that its product did not contain 'lead' in excess of permissible ceiling and challenged the tests by FSSAI and FDA, while the food regulators contended that the lead content in noodles detected during tests in reputed laboratories was harmful to public health.

The High Court had earlier asked both sides to mutually decide on a suggestion by the judges to give their consent for a fresh independent test. However, the parties did not arrive at a consensus, following which the bench directed the company to go in for a fresh test in three renowned labs across the country.

The court made it clear that it was ordering a fresh test of Maggi samples because it had consumer interest uppermost in its mind and also because it wanted the issue to be resolved amicably.

According to FSSAI, 30 out of 72 samples of the popular Maggi noodles had tested positive for dangerously high levels of lead and even MSG, despite packets proclaiming 'no added MSG'.

“The action of the state in not supplying the material on the basis of which the action was taken and not giving a personal hearing to the petitioner and issuing a ban order when the petitioner itself had withdrawn the product clearly falls within the four corners of arbitrariness and is therefore violative of Articles 14 and 19 of the Constitution of India,” the judgment said.

In fact, the entire sequence culminating in the imposition of ban on June 5 shows that there is something more than what meets the eye, which has resulted in passing the impunged orders.

The maximum penalty for misbranding product even in criminal prosecution as laid down under Section 52 of the Act is to the extent of Rs 3 lakh. Misbranding of the product, therefore, could not be a ground for banning the product indefinitely.

Will Maggi be back in Chennai?

Tamil Nadu food safety officials say they are yet to receive notification regarding lifting of ban on Maggi.

Banned instant noodles brand Maggi may soon be back, with the Bombay High Court on Thursday conditionally setting aside a ban imposed on its nine variants.

But food safety officials in Tamil Nadu, where a three-month ban on the product is in place, say that as of now, they have received no notification from the Food Safety and Standards Authority of India (FSSAI) about this.

The court, reports state, has asked for fresh tests on five samples of the product in three accredited labs and if the tests prove that the lead content is within acceptable limits, Nestle India may resume manufacture and sales.

On June 4, the Tamil Nadu government had banned the manufacture, stocking and sales of Maggi noodles and three other brands for three months, on the grounds that the products contained unacceptable levels of lead, a toxic substance. On the following day, the FSSAI had asked Nestle India, which produces Maggi, to withdraw its noodles from the market, stating that they were “unsafe and hazardous for human consumption.”

“The company had recalled its noodles from the market, which means that after the fresh tests, if it is found safe, they will have to re-introduce it as a new product. In that case, our ban may not apply, and if the FSSAI certifies that these products are safe for consumption, we will not do anything more,” a senior food safety official said.

Maggi noodles had been in the midst of a huge controversy following a test in Uttar Pradesh that revealed that the product had high levels of lead and mislabelling of monosodium glutamate (MSG). In Chennai, of seven samples tested, six had lead content higher than the mandated limit of 2.5 parts per million.

“What about other brands that have not been tested? What about smaller manufacturers of other packaged products? There is hardly any risk analysis done of any packaged product. The government must have a mechanism for surveillance of products and to test and analyse them within certain time frames. Continuous monitoring must be on,” said G. Santhanarajan, director, Consumer Association of India.

Infobox:

Maggi was missed!

A recent survey by Airloyal, a marketplace for mobile engagement, found that Maggi was sorely missed in the country. The survey, taken by 5,000 respondents, according to a note from Airloyal, found that:

Over 65 per cent respondents miss Maggi

Of these, about 35 per cent are boys

Maharashtra seems to have missed the noodles most while Tamil Nadu comes in fifth

65 per cent of respondents feel Maggi can never be replaced

62 per cent believe that Maggi is safe and want to have it again

On twitter, many users were already celebrating the possible return of their favorite “two-minute” snack.

Swapnil Khound þ@Swapnilkhound #Happinessis A bowl of #Maggi loaded with garlic butter #MaggiIsBack @NestleIndia congratulations!

Kavya Janani þ@UKavyajanani Welcome back Maggi. I am dying to meet you after a long hiatus. :-) #Maggi #MaggiIsBack

Shatadru Seal þ@ShatadruSeal #MaggiIsBack Just 6weeks to go!!

Shivayan Bora þ@ritz_277 The best news I've heard all day... XD #MaggiIsBack

Shivam Varshney þ@sviitb7 Mere Maggi noodles aayenge #MaggiIsBack #Maggi

Maggi gets a lifeline

Bombay HC gives Nestle India six weeks to prove that the product is safe

The much-awaited verdict on the June 5 ban and recall ofMaggi noodles was pronounced on Thursday, with theBombay High Court ruling in favour of Nestle India, owner of the instant noodles brand. However, Maggi noodles, considered one of India's best-known comfort foods, won't be visible on shop shelves just yet: Nestle India has been given six weeks to prove the product is safe.

In its ruling, a Bench comprising judges V M Kanade and B P Colabawala allowed Nestle to go for fresh tests by sending five samples of each variant to independent laboratories in Mohali, Hyderabad and Jaipur. These labs were accredited with the National Accreditation Board for Testing and Calibration Laboratories, the Bench said. If the lead content in the samples was found to be below the permissible limit, Nestle India would be allowed to manufacture and sell the product, the Bench added, throwing out the Food Safety & Standards Authority of India (FSSAI)'s plea for a stay on the order.

The news pushed up the Nestle stock, trading up four per cent in the BSE during the morning session. The stock closed at Rs 6,356.7, up 2.78 per cent.

G Chokkalingam, founder, Equinomics Research & Advisory, said, "While the stock has come off proportionately, given Maggi accounts for 25-26 per cent of revenue, it is still a bit overvalued. So, there would be no gains in the near term. However, long-term investors (with a perspective of two-three years) could look at the stock, given the diversified product range, technology, resources and brands at their disposal."

Predictably, Nestle welcomed the court order. "We respect the decision by the Bombay High Court to revoke the ban order passed by FSSAI and FDA, Maharashtra, on Maggi noodles and will comply with the order to undertake fresh tests," it said in a statement.

What, however, came as a surprise was FSSAI's stand. The authority appeared to have mellowed after the verdict. Speaking to reporters in New Delhi, new chairman Ashish Bahuguna said its "doors were never shut" for Nestle India and the company could come up with new test results.

"It is only if I find that I am not in agreement with the court order and if I feel the court has not taken into account the submissions of the authority will I think of going to the Supreme Court," he said.

Health Minister J P Nadda said a decision on an appeal in the apex court would be taken after an analysis of the high court order. The government has pressed a class action suit against Nestle India in a consumer court, the first such instance in the country. Filed on behalf of consumers, the suit claimed damages of Rs 640 crore from the company. In a statement on Wednesday, Nestle expressed disappointment at the government's action, claiming it hadn't received any notice in this regard.

The samples for retesting will be taken from the 750 Maggi noodles packs preserved by the company following the ban.

NOT A TWO-MINUTE CONTROVERSY 2014

Mar 10: UP FDA officer collects Maggi noodles sample from a retail shop in Barabanki, UP

Mar 26: Govt-owned lab in Gorakhpur finds monosodium glutamate in Maggi. UP FDA serves notice on Nestlé

2015

Apr 30: UP FDA sends ‘order of recall’ for the sample batch

May 30: UP FDA files case against Nestlé India

Jun 1-4: Gujarat, Uttarakhand, Tamil Nadu, Delhi, UP and J&K ban the noodles

Jun 5: Nestlé withdraws the noodles from markets

Jun 9: Singapore declares Maggi noodles to be safe for consumption

Jun 11: Nestlé moves Bombay HC. Initiates incineration of 30,000 tonnes of the noodles

Jun 18: UP, eight other states fail to find excess lead in Maggi

Jun 30: Bombay HC allows Nestlé India to export the noodles

Jul 8: Food Processing Minister Harsimrat Kaur Badal blames FSSAI for inducing fear in industry

Jul 25: Suresh Narayanan named new Nestlé India MD

Aug 8: Health Minister J P Nadda says Nestlé isn’t forthcoming on FSSAI questions

Aug 10: House of Spices, an importer of Maggi noodles in the US, says US FDA has cleared Nestlé’s instant noodles

Aug 11: Nestlé India says US FDA finds no excess lead in Maggi

Aug 12: US FDA declares Maggi safe for consumption; Nestlé opposes class action suit filed by consumer affairs dept

Aug 13: Bombay HC strikes down countrywide ban on Maggi

In June and July, Nestle India had undertaken the first fast-moving consumer goods recall in India. About 30,000 tonnes of the brand were recalled and the overall loss was estimated at Rs 320 crore. The Maggi brand also took a few knocks, with $200 million shaved off its value after the ban and recall on June 5.

The ban and recall also led to Nestle India recording its first quarterly loss in 17 years, prompting it to say the June quarter wasn't comparable with the year-ago period's numbers.

The high court reprieve comes as a shot in the arm for the company, which has maintained that the ban order was arbitrary and violated the principle of natural justice. The company also punctured holes in FSSAI's defence, both in court as well as outside it, that the product contained high levels of lead by pointing out the tests were conducted at labs not accredited and notified by the Food Safety & Standards Act, 2006.

What also came to Nestle's aid were a series of clean chits from foreign food regulators, the latest from the US FDA. An FSSAI-approved lab at Mysuru, considered one of the best in the segment, also said the lead content in Maggi was below the permissible limit.

"Countries such as America, Singapore and the UK have much better testing standards than some labs in India. Taking a ban and recall decision on the basis of test results from these labs was erroneous in the first place, which the court also pointed out. I am sure further tests will clarify this. This will, above all, bring confidence in the industry," said Piruz Khambatta, chairman & managing director of Rasna International. Khambatta also chairs the Confederation of Indian Industry's food processing committee.

Jaipur's safe lab might redo study

Will Maggi stage a comeback?

Govt. confident class action suit will stand

Maggi case proving hot and sour for govt, agencies

HC quashes arbitrary maggi ban, orders re-test in 6 weeks

Bombay HC puts Maggi back on Menu, but after 6 weeks of Tests

NESTLÉ VERDICT - It's Not Just About Noodles

On Thursday , the Bombay High Court delivered a crucial judgment, and one that could well be considered a first of its kind in recent times. The verdict will certainly provide some relief to Nestlé India for its erstwhile flagship product, Maggi noodles.

Yes, a critical question remains unanswered: how will Nestlé recoup its losses and damages already suffered on the cost of the recall of Maggi? Or even gauge the loss in financial performance due to Maggi's withdrawal from shelves? For the time being, though, the high court judgment is not only favourable to Nestlé, but more importantly , it will send very positive sentiments and bring credibility to the application of the rule of law.

The verdict should also enhance the confidence of corporate India and MNCs. While the stock price of Nestlé India rallied strongly on the basis of the judgment, the real im plication of the interim order transcends market forces.

The Bombay High Court emphasised the “principles of natural justice“ and observed that the conduct of the government in this case lacked them. At least on this account, the court agreed with Nestlé's contentions that the process of emergency prohibition notices and orders under the Food Safety and Standards Act (FSSA) was not duly followed.

Thus, Nestlé was deprived of the rule of natural justice and an opportunity to present its case before the Food Safety and Standards Authority of India (FSSAI). While a closer scrutiny of the judgment will reveal in detail the orders passed, it is a conditional judgment requiring the retesting of Maggi samples by three independent laboratories accredited by the National Accreditation Board for Testing and Calibration Laboratories (NABL).

The verdict is well-balanced, providing adequate opportunity also to the government, as it emphasised the need to provide due process to both sides, not just to Nestlé. It is, in short, a level and regulated playing field for both parties, providing each an equal and impartial opportunity to present its case on the merits of Maggi being tested under the court's direction and accredited labs.

For a corporate entity like Nestlé, which would argue that it has been operating with integrity in India and selling Maggi for over three decades, the FSSAI had not followed the process of inquiry and investigation as laid down by the law. The varying results of the tests conducted in India and abroad proved this point.The irony is that a majority of the tests have given a clean chit to Maggi, and yet, the FSSAI is determined to pursue its case, perhaps even appealing this order to the apex court.

It isn't good news for doing business in India, if this becomes a long-drawn legal battle. The Bombay High Court order is far more meaningful than any temporary reprieve, which is not only appealable, but also likely to be overturned if ordered without a factual and tenable basis. It will surely send a strong message to any inspector raj hoping to raise its head.

The verdict should also set a precedent for deterring frivolous lawsuits being filed, corporate entities in India being harassed at multiple fora simultaneously . The government has already filed a class action against Nestlé in the National Consumer Disputes Redressal Commission (NCDRC) seeking damages for unfair trade practices by the company .

While the two fora are different -as are the two statutes invoked by the government -the cause of action is the same. The fate of Nestlé at the NCDRC is yet to be decided. But the Bombay High Court order is sure to add some teeth to Nestlé's case in the class action filed.

The order has showcased the progressive nature of the court's focus on equal opportunity and due process. While the eventual outcome is still uncertain, this order will at least deter regulators from acting impulsively and, perhaps, without substantive facts.

The writer is a corporate lawyer

Editorial: Instant trouble for FSSAI

Bombay High Court ruling should make govt think

The Bombay High Court striking down the Maggi ban saying it violated the “principles of natural justice” shows just how untenable the government’s stand in the matter has been from the very beginning. The court observed that the Food Safety Standards Authority of India (FSSAI) banned the popular instant noodles brand from Nestle even though tests by various food regulators in various states threw up widely varying results—Delhi, Uttarakhand and Gujarat found lead levels to be high while Goa, Maharashtra and Kerala found it to be within permissible limits. This points to very serious problems in the country’s food safety standards – should the noodles and tastemaker be tested separately or together in a cooked form, in the way they are eaten?—and makes the ban quite unwarranted. Indeed, both FSSAI and the government that allowed it to ban the noodles and even file a class-action suit against Nestle, must pause to rethink their actions since a host of international food regulators—including those of the US, Singapore and the UK—found the Indian samples fit for consumption as per their respective standards; and few could argue their standards, or quality-checks, are less stringent than the FSSAI’s. Within the government too, there were those who had questioned FSSAI’s actions—food processing minister Harsimrat Kaur Badal stated that the body was creating “an environment of fear”. Moreover, as the court pointed out, Nestle was never served a show-cause notice before the ban. Given this, at the very least, the government must immediately withdraw the suit at the National Consumer Disputes Redressal Commission (NCDRC) that seeks damages from Nestle on behalf of the Indian consumer.

The Bombay High Court has ordered Nestle to send five samples each to three central laboratories, in Hyderabad, Jaipur and Mohali, for testing. The company has been ordered not to manufacture or sell the noodles until test results from all three labs are in and clear the product. The FSSAI would have done well to proceed in a similar manner right from the start, but instead, it selectively relied on tests of a few state regulators, overriding evidence to the contrary from others. The high court order gives the government the chance for a course correction—to start with, it needs to drop the suit at NCDRC and time its final decision on Maggi until after the three labs give their reports. After which, serious thought needs to be given to how to beef up the FSSAI and its testing/labelling procedures—this includes not just large capital budgets, but also needs a complete restructuring on how FSSAI functions at the moment.

Now, Maggi’s Shelf Life Hinges on Outcome of Three Lab Tests

MUMBAI: Terming the action by the country’s food regulator, Food Safety and Standards Authority of India (FSSAI), “arbitrary” the Bombay High Court on Thursday lifted the two-month-old ban on ‘Maggi’ noodles for now. However, the court held that Maggi could be produced and sold again only if three NABL accredited laboratories in Hyderabad, Mohali and Jaipur certified that it was not hazardous for health.

The HC has set a deadline of six weeks for the laboratories to conduct their tests.

Delivering the judgment on Nestle India’s petition challenging the ban, Justice V M Kanade and Justice B P Colabawala set aside the FSSAI order saying the “principles of natural justice were not followed while passing the ban order”.

The HC also directed Nestle India to send five samples from each batch of Maggi for testing in the said three National Accreditation Board for Testing and Calibration Laboratories (NABL).

According to the HC, Nestle India could resume manufacturing if the tests proved that the lead content in the product was within the permissible limit.

Reacting to the HC order, Nestle India said, it will comply with the order to undertake fresh tests. “ Nestle India remains committed to working with the FSSAI, FDA Maharashtra and other stakeholders. It is Nestle India’s endeavour to get Maggi noodles back on the shelves as soon as possible for the benefit of our consumers.”

Nestle India had contended that FSSAI had imposed the ban based on the tests carried out on samples past their shelf life and the laboratories where the samples were tested were not accredited by the NABL.

DINAMALAR NEWS

DINAMALAR NEWS

DINAMANI NEWS

DINAMANI NEWS

DINAMALAR NEWS

DINAKARAN NEWS

EXTENSION OF TIME PERIOD FOR THE COMPLIANCE OF FSSAI LICENSE NUMBER AND LOGO NOTIFICATION

Maggi ban: FSSAI keeping options open

FSSAI says it is ready to challenge Bombay high court order on quashing ban on Maggi

New Delhi: Food regulator FSSAI on Thursday said it is keeping its options open on whether to challenge the Bombay High Court order quashing its ban on Nestle India’s Maggi noodles.

“Supreme Court option is neither ruled in nor ruled out,” Food Safety and Standards Authority of India (FSSAI) Chairman Ashish Bahuguna said. In a major relief to Nestle India, the Bombay High Court today quashed the orders of FSSAI and Maharashtra food regulator FDA, which had banned nine variants of Maggi noodles in the country.

The court also said that the principles of natural justice were not followed in executing the ban as the manufacturer was not given a hearing. Stating that the regulator would decide on its next course of action after studying the High Court order, Bahuguna said, “I cannot say anything till I receive the court orders.”

“Its only if I find we are not in agreement with the court order, if I feel that the court order has not taken into submission of the authority, it’s only then I will think of going to Supreme court,” Bahuguna told reporters here when asked whether FSSAI would approach the apex court challenging the Bombay High Court order.

To another query on whether FSSAI’s doors were still open for Nestle and can the company come for fresh testing, Bahuguna said, “Doors were always open to Nestle. Doors were never been shut.” Nestle India shares today soared nearly 3% higher to close at `6,356.70 at the BSE after the court order.

A division bench of the high court has allowed Nestle to go in for fresh testing of five samples of each variant of the noodles at three independent laboratories in Punjab, Hyderabad and Jaipur which were accredited with National Accreditation Board for Testing and Calibration Laboratories (NABL). These samples would be taken out of the 750 samples preserved by the company following the ban.

A huge stock of Maggi noodles was destroyed by Nestle after the ban was imposed by the food regulators. If the lead content is found below permissible limits by these three labs, Nestle India will be allowed to manufacture Maggi noodles, Justices V M Kanade and B P Colabawala said.

The labs have been asked to submit their report within six weeks.

Will go through the judgement, before taking any action: J P Nadda

NEW DELHI: The government today said it will go through the judgement of Bombay High Court, which lifted the nationwide ban imposed by Indian food regulators on Maggi noodles, before taking next course of action. 

Union Health Minister J P Nadda said that his Ministry was aware of the judgement and would like to go into the details and consult the officials before taking further action. 

"First of all let me go through the details of the judgement. We have heard about it. I would like to go into the detail and see what does the judgement say. Accordingly, after the sitting (meeting) with officials, we will decide about the next course of action," Nadda said. 

The Bombay High Court today lifted the nationwide ban imposed by Indian food regulators on Maggi noodles, providing a conditional relief to the popular snack's manufacturer Nestle India Pvt Ltd as it ordered a fresh test of samples in three independent laboratories across India. 

It said that if the fresh tests show that lead content was below permissible limit, then the company will be allowed to manufacture and sell Maggi again in the country. 

A division bench comprising justices V M Kanade and B P Colabawalla also set aside the June 5 order of the central government's Food Safety Standards Authority of India (FSSAI) and also quashed the order of Maharashtra's Food and Drugs Administration (FDA) banning production and sale of Maggi noodles in India and the state, respectively. 

Both the food regulators had in the impugned orders alleged that lead content in Maggi noodles was beyond the permissible limit and asked the company to refrain from selling all nine variants of its product as it may cause harm to public health. 

Central food regulator FSSAI meanwhile today said its "doors were never shut" for Nestle India with regard to Maggi. 

FSSAI also said that an appeal before the Supreme Court is "neither ruled in, nor ruled out" as yet.

Maggi case: FSSAI to decide on moving SC by evening

The Bombay High Court today set aside the ban order subject to fresh tests being satisfactory

The Food Safety & Standards Authority of India (FSSAI) will take a decision on whether to move Supreme Court against the Bombay High Court order on the Maggi case after it has gone through the full verdict. An FSSAI official told Business Standard, "We are yet to receive a copy of the order. We can talk about it once we have read it." Sources said a decision was expected later in the evening.

The FSSAI had on June 5 had ordered recall of Nestle India’s Maggi noodles from all over the country and had asked the company to stop manufacturing the product, calling it "hazardous" for human consumption . Nestle Indiahad moved Bombay High Court against the order. On Thursday, the court set aside the oder, but asked the Swiss food major to get its noodle samples tested at three FSSAI accredited labs—Hyderabad, Mohali and Jaipur. 

While ministers and industry had started speaking out against the FSSAI order in the recent past, consumer affairs ministry sued Nestle India at the consumer court seeking damages worth Rs 640 crore under various provisions.

FSSAI CEO Yudhvir Singh Malik had in a recent interview told this newspaper that he was more worried about children consuming noodles with lead in it, rather than about anything else. ‘’If Im worried about my children, I should be worried about others’ children too.’’

FSSAI order was based on tests of Maggi noodles samples by about half a dozen state laboratories, showing excessive lead and presence of monosodium glutamate (MSG). The issue came into prominence recently when Goa Food and Drugs Administration (FDA) got the samples tested at the renowned CFTRI (Centre for Food Technology Research Institute) at Mysuru, which showed that the product was in compliance with standards set by FSSAI.

After Maggi ban revoked, Nestle says it ‘will comply with court order to undertake fresh tests’

The Bombay High Court quashed orders of Indian food regulators banning nine variants of the noodles brand in the country after observing that principles of natural justice were not followed.

“Nestle India respects the decision made on August 13 by the Honourable Bombay High Court to revoke the ban order passed by the Food Safety and Standards Authority of India (FSSAI) and FDA, Maharashtra, on Maggi noodles and will comply with the order to undertake fresh tests,” the company said in a statement. 

Nestle India on Thursday said it will comply with the order to undertake fresh tests while welcoming Bombay High Court’s judgment that quashed ban on Maggi instant noodles in the country.

“Nestle India respects the decision made on August 13 by the Honourable Bombay High Court to revoke the ban order passed by the Food Safety and Standards Authority of India (FSSAI) and FDA, Maharashtra, on Maggi noodles and will comply with the order to undertake fresh tests,” the company said in a statement.

Nestle India remains committed to working with FSSAI, FDA Maharashtra and other stakeholders, it added. It, however, did not spell out on how soon the company would start manufacturing and selling the instant noodles.

In a BSE filing, Nestle India said, “Manufacture and sale of Maggi noodles is subject to certain conditions, which will be informed after the judgment is received. We await copy of the judgment.”

“It is Nestle India’s endeavour to get Maggi noodles back on the shelves as soon as possible for the benefit of consumers.”

Earlier, in the day, the Bombay High Court quashed orders of Indian food regulators banning nine variants of the noodles brand in the country after observing that principles of natural justice were not followed.

A division bench of the high court allowed Nestle to go in for fresh test by sending five samples of each variant of noodles to three independent laboratories in Punjab, Hyderabad and Jaipur that are accredited with the National Accreditation Board for Testing and Calibration Laboratories (NABL).

These would be taken out of the 750 samples preserved by the company following the ban imposed by FSSAI in June.

The ban on Maggi had hit Nestle India’s earnings and the company reported a standalone loss of Rs 64.40 crore for the June quarter — its first quarterly loss in over three decades. It had posted a net profit of Rs 287.86 crore in April-June of 2014-15.

Bombay HC lifts ban on Maggi

It directed re-testing of Maggi samples within six weeks in three accredited labs in Punjab, Andhra Pradesh and Jaipur.

Ruling in favour of Nestle India, the Bombay High Court on Thursday lifted the ban on Maggi noodles by setting aside the orders of food authorities. A Division Bench of Justices V.M. Kanade and B.P. Colabawalla deemed the orders of Food Safety and Standards Authority of India (FSSAI) "arbitrary, unjust and violative of Article 14 of the Constitution."

Re-testing within six weeks

The Court directed re-testing of Maagi samples within six weeks in three accredited labs in Punjab, Andhra Pradesh and Jaipur. "After examining rivals contentions, we have come to the conclusion that principles of natural justice were not followed and on that ground alone the petition is allowed, particularly when the petitioner had given a press release a day before the ban that it had recalled the products," the court observed.

The Bench held that labs in which the samples were earlier tested, were not authorised to test for lead and the mandatory testing procedures were not followed.

Public health concern

The court remarked that though it was setting aside the ban order, it was " still concerned about public interest and public health." Therefore, it ordered fresh tests.

In June, Nestle India had filed petitioned to the court seeking revocation of the ban on Magginoodles and quashing of the order of FSSAI which had declared the product unsafe for consumption.

FSSAI contended that it can take action against food manufacturers on the basis of mere suspicion about the quality of their food products. Maggi products were deemed unsafe due to major violations, such as misleading labelling on MSG (monosodium glutamate), presence of lead in excess and launching of oats tastemaker without assessment. The Maharashtra government argued that the company had not followed the due procedures under the Act Food Safety and Standards Act, 2006.

Nestle India, on the other hand, sought to discredit the entire testing procedures saying that the labs testing Maggi samples were not accredited to test for lead content and there was wide variation in the results in different States.

In its petition, Nestle had said that the orders passed by the food regulators and State were illegal, arbitrary and violated the principles of natural justice. The company contested the results of excess lead in the noodles and tastemaker claiming that the testing laboratories were not accredited. The authorities, on the other hand, argued that Nestle had not followed due procedures as per the Food Safety Act.

Here's why you may not still see Maggi on your plates any time soon

While there's reason for Nestle India and ardent Maggi lovers to cheer, there's still sometime before the two-minute noodles will be on your plates.

The Bombay High Court today lifted the ban on Maggi noodles, bringing much-needed respite to Nestle India, whose financials tanked in the second quarter after its flagship product was taken off the shelves. Nestle India reported a net loss of Rs 64.40 crore versus a profit of Rs 287.86 crore in the previous financial year. 

There's definitely a reason to cheer for Nestle India and for ardent Maggi lovers, but there's still sometime before the two-minute noodles will be on your plates again.

Here's what the Bombay High Court said in its Maggi verdict today:

-- The Bombay HC quashed orders of food regulators – Food Safety Standards Authority of India (FFSAI) and Maharashtra's Food and Drugs Department (FDA) -- banning Maggi noodles for six weeks. It refused to grant stay on its own order on a plea.

-- Principles of natural justice were not followed because the company wasn't given a hearing. 

-- In the six weeks that the ban has been lifted, Nestle India will be allowed to send five samples of each variant of noodles for fresh testing to three labs in Punjab, Hyderabad and Jaipur.

-- Laboratories where the tests were performed before, were not authorised. 

-- The authorised test labs have to be accredited with National Accreditation Board for Testing and Calibration Laboratories (NABL).

-- These samples will be drawn out of the 750 pieces still stored by the company following the ban. 

-- Nestle India still has to hold off production of the noodles till the test results arrive. If lead content is found to be below permissible limit by the three labs, Nestle will be allowed to manufacture Maggi noodles.

After the verdict, shares of Nestle India surged nearly 6% today.

Nestle told to do more Maggi tests as court sets aside recall order

Court said the nine variants of Maggi noodles should be sent for testing to three accredited labs in India

The court gave six weeks for the tests to be carried out. If the test results show lead is found within permissible levels of 2.5 ppm, Nestle is free to resume manufacture and sales of Maggi noodles . 

Mumbai: The Bombay high court on Thursday set aside the Indian food safety regulator’s order for Nestle India Ltd to withdraw its Maggi noodles and called for fresh tests to be conducted within six weeks.

In the interim, the company cannot make or sell Maggi noodles, it said.

The court said the nine Maggi variants should be tested at three accredited laboratories in India certified by the National Accreditation Board for Testing and Calibration Laboratories (NABL).

If the test results show lead is found within permissible levels of 2.5 ppm, Nestle is free to resume manufacture and sales of Maggi noodles.

The judge also noted that principles of natural justice were not followed in the Food Safety and Standards Authority of India’s (FSSAI) 5 June order.

Nestle shares rose as much as 5.8% after the court order, and were trading at `6408 apiece, up 3.6%, while the benchmark Sensex was up 0.29% at 27,591.17 points.

Nestlé had to withdraw its instant noodles brand Maggi from the market over allegations of high lead content and presence of MSG (monosodium glutamate).

FSSAI asked Nestle India to immediately withdraw all nine variants of its Maggi noodles, calling them “unsafe and hazardous” for human consumption.

Following the order, Nestle said it would recall all Maggi noodles packets from the market. The company estimated it would have to destroy more than 30,000 tonnes of the noodles. The process is yet to be completed.

On 12 June, Nestle India filed a case challenging the order passed by FSSAI and the Food and Drug Administration (FDA) of Maharashtra banning the production and distribution of Maggi noodles. Nestle also claimed that Maggi is safe for human consumption based on tests conducted in its own laboratory and an independent third-party laboratory, which contradicted the test reports cited by FSSAI.

On 5 August, FSSAI further clarified that it has not given “any clean chit” to Nestle India regarding the safety of Maggi noodles.

On Wednesday, the US Food and Drug Administration (FDA) said its tests had found lead levels within acceptable levels for US consumers. Countries such as the UK, Singapore, Canada, Australia, New Zealand, Vietnam and Hong Kong have already declared Maggi noodles safe.

The ban on the sale of Maggi noodles has already impacted Nestle India’s revenue. For the first time in 15 years, the local unit of the Swiss packaged food firm reported a quarterly loss, for the three months ending 30 June. Maggi noodles accounted for about 30% of its sales. Nestle India reported a loss of `64.4 crore in the April-June quarter, compared with a net profit of `287.86 crore in the year-ago period.

On 11 August, the government filed a class action suit against Nestle India seeking about `640 crore in damages for alleged unfair trade practices, false labelling and misleading advertisements.

The department has filed this class action suit on behalf of the large number of consumers of Maggi in the country against Nestle India on grounds of unfair trade practices, sale of defective goods and sale of Maggi Oats Noodles to the public without product approval, the ministry said.

The consumer affairs ministry has dragged the company to the National Consumer Disputes Redressal Commission (NCDRC) using a provision for the first time in the nearly three-decade-old Consumer Protection Act.

A day after the class action suit was filed, Nestle India said it was 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.

Nestle India clarified 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”.

The company said 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.

The NCRDC will hear the case on 14 August, according to its website.

What the Bombay HC order means for Maggi

MUMBAI: The Bombay high court on Thursday lifted the ban on Nestle's flagship instant noodle brand Maggi. 

However, Maggi will not be up for sale in the market immediately. 

Maggi samples will have to go through fresh tests and if results are fine, only then can Nestle manufacture and sell Maggi in India.

As per the HC order, Nestle will have to send five samples of each variant of noodles for fresh testing to three labs in Punjab, Hyderabad and Jaipur. 

If lead content is found below permissible limit by the three labs, Nestle will be allowed to manufacture Maggi noodles. 

While passing the order, the Bombzy HC said that "principles of natural justice was not followed while banning Maggi noodles". 

"Laboratories where tests were performed were not authorized," the HC said. 

So, consumers will have to wait a while longer for Maggi to be back on the shelves.

Bombay HC sets aside ban on Maggi noodles

Orders fresh testing of noodles at 3 independant labs; Maggi to be available at retail outlets only if tests satisfactory

In a major relief to Maggi noodles manufacturer Nestle India, the Bombay High Court today quashed the orders of Indian food regulators that banned nine variants of noodles in the country. 

A division bench of the High Court allowed Nestle to go in for fresh testing by sending five samples of each variant to three independent laboratories in Punjab, Hyderabad and Jaipur, which were accredited with National Accreditation Board for Testing and Calibration Laboratories (NABL). 

These samples would be taken out of the 750 samples preserved by the company following the ban. A huge stock of Maggi noodles was destroyed by Nestle after the banwas imposed by the food regulators. 

If the lead content is found below permissible limits by these three labs, Nestle, the Indian arm of Swiss company, will be allowed to manufacture Maggi noodles, Justices V M Kanade and B P Colabawala said. 

The labs have been asked to submit their report within six weeks. 

While quashing the orders of the food regulators, namely Food Safety Standards Authority of India (FSSAI) and Maharashtra's Food and Drugs Department (FDA), the court said that principles of natural justice were not followed because the manufacturer was not given a hearing. 

Moreover, the laboratories, where tests were performed to determine lead content in Maggi, were not authorised, the court observed. 

The judges refused to grant stay on their order on a plea made by food regulators. They said the company had given an undertaking that it would not manufacture or sell Maggi noodles till the results of the three labs were received. 

"The fresh tests would also take some time. Hence, there was no need to grant a stay on the order," the judges said. 

The HC held that the petitions filed by Nestle challenging the nation-wide ban on Maggi noodles was maintainable and that it (the high court) had the jurisdiction to hear it under powers derived by it under Article 226 of the Constitution. 

FSSAI and FDA had earlier banned Maggi noodles saying the samples of noodles tested by them contained 'lead beyond permissible limit'. 

Nestle had argued that its product did not contain 'lead' in excess of permissible ceiling and challenged the tests by FSSAI and FDA.

DINAMALAR NEWS

'மேகி நுாடுல்ஸ்' சர்ச்சையை தொடர்ந்து, மாநிலம் முழுவதும் எடுக்கப்பட்ட உணவு மாதிரிகளின் முடிவுகள், வெளியிடப்படாமல் உள்ளன. 'இந்த விஷயத்தில், அரசு மவுனமாக உள்ளது ஏன்?' என, மக்கள் கேள்வி எழுப்பி உள்ளனர்.

'நெஸ்லே' நிறுவன தயாரிப்பான, 'மேகி நுாடுல்ஸ்'சில், உடலுக்கு தீங்கு விளைவிக்கும் வேதிப்பொருட்கள் உள்ளதை உறுதி செய்த மத்திய அரசு, அவற்றின் விற்பனைக்கு தடை விதித்தது. தமிழகத்தில், உணவு பாதுகாப்பு அதிகாரிகள் நடத்திய ஆய்வில், அனுமதியை விட, காரீயத்தின் அளவு அதிகமாக இருந்ததால், ஆறு நிறுவனங்களின் நுாடுல்ஸ் விற்பனைக்கு, மாநில அரசு தடை விதித்தது. சென்னை மாவட்ட மாதிரி முடிவுகள் அடிப்படையில், இந்த நடவடிக்கை எடுக்கப்பட்டது. ஆனால், மாநிலம் முழுவதும் எடுக்கப்பட்ட, 'நுாடுல்ஸ்'சின், 65 மாதிரி முடிவுகள், இரு மாதங்களாகியும் இன்னும் வெளியிடப்படவில்லை. 

மாநிலம் முழுவதும், சிப்ஸ் முதல் பஞ்சாமிர்தம் வரை, 20க்கும் மேற்பட்ட பொருட்களின், 2,000க்கும் மேற்பட்ட மாதிரிகள், பரிசோதனைக்கு அனுப்பப்பட்டன. இரு மாதங்களாகியும், முடிவுகள் குறித்த விவரங்கள் வெளியிடப்படவில்லை. 'மாதிரி முடிவுகள் குறித்து, வாய் திறக்கக் கூடாது என, அரசு கிடுக்கிப்பிடி போடப்பட்டு உள்ளதால், முடிவுகள் இன்னும்வரவில்லை' என, மாவட்ட நியமன அலுவலர்கள் சமாளித்து வருகின்றனர்.

இதுகுறித்து, பெயர் குறிப்பிட விரும்பாத அதிகாரி ஒருவர் கூறியதாவது:இரண்டு மாதங்களுக்கு முன் எடுக்கப்பட்டவை, சட்ட ரீதியான மாதிரிகள் அல்ல; சோதனை மாதிரிகள் என, அதிகாரிகள் சமாளித்து வருகின்றனர். உள்ளூர் அதிகாரிகளால் கசிந்த இத்தகவல், அரசுக்கு தர்ம சங்கடத்தை ஏற்படுத்தியது. எனவே, 'மாதிரி முடிவுகளை, மாவட்ட அதிகாரிகள் வெளியிடக் கூடாது; உணவு பாதுகாப்புத் துறை கமிஷனருக்கு, நேரடியாக அனுப்ப வேண்டும்' என, உத்தரவிடப்பட்டு உள்ளது. இதனால், மாதிரி முடிவுகள் கிடைத்தாலும், அதை வெளியில் கூற முடியவில்லை.இவ்வாறு, அவர் கூறினார்.

'மாதிரி முடிவுகள் அடிப்படையில், கடும் நடவடிக்கை எடுக்கப்படும்' என, அறிவித்த மாநிலஅரசு, முடிவுகளை, அரசு வெளிப்படையாக தெரிவிக்க வேண்டும் என, சமூக ஆர்வலர்கள் கருத்து தெரிவித்து உள்ளனர்.

மாதிரிக்கான பொருட்கள்:

சிப்ஸ் வகைகள், மசாலா பவுடர், பால் பவுடர், சமையல் எண்ணெய், நெய், ரெடிமேட் சப்பாத்தி, பரோட்டா, பழங்கள், பதப்படுத்திய காய்கறிகள், உப்பு, குளிர்பானங்கள், பாட்டில், கேன் குடிநீர், ஊறுகாய், பஞ்சாமிர்தம், ரெடிமேட் வத்தல் குழம்பு, கறிவேப்பிலை பொடி பேஸ்ட், சில்லி - சாஸ் வகைகள் உட்பட, உணவு பாதுகாப்புத் துறையினரால், 20க்கும் மேற்பட்ட மாதிரிகள் எடுக்கப்பட்டன.

அரசால் தடை செய்யப்பட்டவை:

மேகி நுாடுல்ஸ், வாய் வாய் எக்ஸ்பிரஸ் நுாடுல்ஸ், ரிலையன்ஸ் செலக்ட் இன்ஸ்டன்ட் நுாடுல்ஸ், ஸ்மித் அண்டு ஜோன்ஸ் சிக்கன் மசாலா நுாடுல்ஸ், கிரைன் சக்தி வெஜ் ஆட்டா நுாடுல்ஸ், நியூ எக்ஸ்ட்ரா டெலிஷியஸ் சிக்கன் நுாடுல்ஸ் என, ஆறு நிறுவன நுாடுல்ஸ் தயாரிப்பு, விற்பனைக்கும் தமிழக அரசு, ஜூன் மாதம் தடை விதித்தது.

DINAMALAR NEWS

DINAMALAR NEWS

Tera Pak Milk may be unfit during Fasts

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.

Centre set to seek Rs 426 cr in damages from Nestle

To move NCDRC on behalf of consumers over alleged unfair trade practices by the firm

The Centre looks set to seek a compensation of around Rs 426 crore from Swiss food major Nestle over the alleged damages caused by Maggi noodles to Indian consumers.

At a time when Nestle India is awaiting a verdict from the Bombay High Court in its case against the Food Safety and Standards Authority of India (FSSAI), it might now have to fight another legal battle.

The consumer affairs ministry is ready to file a complaint with the National Consumer Disputes Redressal Commission (NCDRC) in the next few days. The complaint, to be filed on behalf of Indian consumers, is against "unfair trade practices" and "misleading consumers" in the Maggi case. A senior ministry official confirmed to Business Standard: "The file has been formally cleared."

The development comes within days of Consumer Affairs Minister Ram Vilas Paswan telling the media that Prime Minister Narendra Modi had asked his Cabinet colleagues to "maintain decorum" on the Maggi issue. Also, some ministers in the government have been critical of FSSAI's Maggi recall order. While some have cited international investors' nervousness in the matter - without wanting to be named - Food Processing Minister Harsimrat Kaur Badal has been more open. She had earlier said the Maggi incident had led to an environment of fear.

FSSAI Chief Executive Yudhvir Singh Malik had, however, told this newspaper last week that he was more concerned that children should not be consuming contaminated products than anything else. Industry, according to him, should be more proactive and sensitive in these matters.

Nestle India estimates indicate that the company destroyed products worth Rs 360 crore after FSSAI's recall order, based on testing of Maggi samples by Food and Drugs Administrations (FDAs) of around half a dozen states. The regulator, on June 5, also stopped the company from manufacturing the noodles in India. Subsequently, Nestle India moved court against the FSSAI order; a verdict is pending.

Though the consumer affairs ministry had started the process of filing a complaint with NCDRC two months ago - around the time FSSAI ordered a countrywide recall of Maggi noodles from retail shelves - it had to go through layers of legal opinion to make it a water-tight case, an official pointed out.

The compensation that the government is seeking from Nestle India has been calculated on the basis of Maggi sales' share in Nestle India's total revenue in the country in 2014-15. The company's Maggi noodles revenue was pegged at around Rs 2,500 crore - this was 25 per cent of the company's total India revenue.

"In the interest of millions of consumers, the department of consumer affairs took suo motu action against the company," the official explained.

When contacted, a Nestle India spokesperson said the company had not received any intimation on this from the government.

Usually, NCDRC comes into the picture when a consumer files a complaint. But a section of the Consumer Protection Act, 1986, also empowers the Centre and state governments to register complaints on behalf of consumers. The consumer affairs ministry is expected to file the complaint under this provision of law.

The recall of Maggi noodles followed sample tests which showed presence of monosodium glutamate (MSG) and an excessive level of lead in the sample tested. In its order of June 5, FSSAI had said the product was "hazardous" for human consumption. According to Nestle India, its own tests showed compliance with the norms, though the company announced withdrawal of Maggi noodles from the Indian market minutes before the FSSAI order on June 5.

Regulatory emergency

Why India must act to improve its regulators

The Food Safety and Standards Authority of India, or FSSAI, which is India’s apex food safety regulator, has not covered itself with glory of late. Its order to withdraw Nestle’s Maggi noodles from India’s grocery shelves has come under a cloud for several reasons. There is little doubt that Nestle deserves to be criticised for the manner in which it chose to handle the situation. But it now appears that the company had already decided to recall Maggi, and this spurred the FSSAI to action before additional reports had come in. The regulator has thus given the impression of acting in a bid to send out a message about its strictness rather than due consideration.

Worse, Maggi noodles have now been cleared not just by laboratories in Singapore and Britain but also by FSSAI- approved domestic laboratories. This imbroglio is the climax of a period in which the FSSAI has gone after various puzzling but headline- grabbing targets — such as the world- famous Australian wine brand, Jacob’s Creek, for supposedly including tartaric acid, which gained the regulator an acid reproof from the Bombay High Court for an “ adversarial” attitude. “ Statutory authorities”, added the Court while overruling the FSSAI in this case, must “ act in a manner that is fair, transparent and with a proper application of mind”. Certainly, these strictures appear deserved in the case of the FSSAI.

But the Court’s opinion sadly extends to many other regulators. India’s pharmaceutical regulator is a case in point. Following several controversial reports about lax standards in Indian companies – several of which wound up being banned from developed- country markets – the drug controller simply said, in effect, that American standards could not be applied to Indian pharma, because no drug would then get passed. The automobile sector is no better; Europe’s regulators tested five new Indian small cars in 2014 and found none met safety standards. But that doesn’t matter for regulation back home. Then there’s aviation; India may be one of the world’s largest and fastest- growing airline markets, but the US Federal Aviation Authority in 2014 downgraded safety standards to its equivalent of junk status — because, the FAA said, the Indian aviation regulator didn’t have enough people to inspect all the planes they were supposed to. This is an emergency — a public health, public safety, and economic emergency.

India is the third- largest economy in the world ( measured by its gross domestic product in terms of purchasing power parity), but it has one of the most tattered regulatory structures globally. It has laws that are so strict on paper that they become unmanageable. Then there is the problem of unconscionably lax application of these laws, which leads to Maggi- style discretion and controversy. Worse, fixing this does not appear to be on the government or business agenda. Instead, both the Centre and India Inc defend India’s lax regulation. Acting on pressure from domestic companies, India did not even participate in negotiations for the second- generation Information Technology Agreement, or ITA- II, for fear that freer trade would hurt. It insists on data- secure status in Europe for Indian companies without legislating basic privacy rights at home. This reveals a short- sighted lack of ambition in the Indian private sector; unless they push for updated regulation, they will never grow and become global giants. And the government must think of consumers — who have the right to global standards, to Maggi and to safer cars.