Consumer court directs fresh tests on Maggi noodles in Rs640 cr law suit

The National Consumer Disputes Redressal Commission (NCDRC), the country's top consumer court, on Thursday ordered testing of 13 samples of Maggi noodles to ascertain the claims made in the Centre's Rs640-crore suit against Nestle India alleging that the company had mislead consumers over lead and MSG content in the product.

In a major setback to Nestle India, a bench of the NCDRC ordered that 13 samples of two variants – Maggi Masala and Veg(etable) Atta noodles – from nine batches be sent to the Central Food Technological Research Institute, Mysore to test them for the presence of lead and ''MSG stock glutamate''.

The bench headed by V K Jain also directed that the samples be verified for the seal and the samples before sending them to CFTRI, Mysore. Earlier, the company was allowed to go through the samples collected by the government authorities and it had cleared 13 out of the 17 samples.

''The 13 out of 25 total samples be sent to CFTRI in Mysore for analysis to determine the quantity of lead and 'Monosodium glutamate (MSG) stock glutamate' in the aforesaid samples,'' the bench ordered. ''All the samples will be packed in a box by a special magistrate, duly signed and sealed by him… the box will be sent to the laboratory by a special messenger and the recipient will have to compare both seal and signature on the box and the forwarding letter to ensure there is no tampering during transit,'' the apex consumer court said, adding that analysis should cover both the noodles and the taste-maker in the Maggi packets.
 
NCDRC has sought reports of the test from the institute within four weeks.

It also directed that a local commissioner in Lucknow should collect 100 Maggi samples from Nestle godown there for testing and fixed the matter for further hearing on 23 November.

In its petition, the Department of Consumer Affairs has alleged that Nestle India had "indulged in unfair trade practices by false labelling of Maggi Noodles in as much as it states 'No added MSG' prominently on packet, despite presence of MSG." Monosodium glutamate is a salt used in the food industry for enhancing flavour.

The department has also alleged that the company sold "defective" goods to the public by selling Maggi noodles with the presence of lead and MSG and indulged in unfair trade practices by offering for sale Maggi Oats Masala Noodles with Tastemaker without risk assessment and product approval.

It also sought a direction to the company to recall all "defective" and "hazardous goods" with respect to Maggi noodles with Tastemaker in all its variants and Maggi Oats Masala Noodles with Tastemaker, and sought a direction to it for issuance of corrective advertisement to neutralise the effect of the misleading advertisements.

"This commission be pleased to direct the opponent company to remove 'No added MSG' from the packets and labels of all the variants of Maggi noodles... This commission be pleased to direct the opponent company to ensure strict compliance with labelling regulations for its entire range of products," the department's complaint, filed before the commission, said.

Nestle's failure to disclose the presence of risk-increasing ingredients was deceptive and misleading, the complaint filed through the consumer affairs department said, while accusing Nestle India of promoting noodles containing excessive lead as healthy with the sole aim of enhancing profits.

The NCDRC is hearing the government's suit demanding over R640 crore for unfair trade practice for selling ''defective and hazardous goods'' and punitive damages, including interest at the rate of 18 per cent per annum.