Bombay HC lifts ban on Nestle’s Maggi, orders fresh tests
13 Aug 2015
The Bombay High Court today lifted the ban on Nestle India's Maggi instant noodles and set aside the Maharashtra FDA's ban on the popular fast food stating that the food safety regulator did not give the company a chance to explain its case.
The court said the food safety regulator has not followed the principles of natural justice while banning Maggi noodles, adding that it will have to justify the noodle ban.
A division bench of Justice VM Kanade and Justice BP Colabawalla said the regulator should have given Nestle a chance to explain its case before the ban was enforced.
The court, however, asked the manufacturer, Nestle India, to conduct fresh tests in view of public health concerns.
The court said samples from five of the nine variants of Maggi have to be tested by government accredited and recognised laboratories. If the lead level in the samples is within permissible level, the company will be allowed to manufacture Maggi again.
Nestle has been asked to send Maggi noodles to three independent laboratories for testing. Samples will be sent to labs in Punjab, Hyderabad and Jaipur.
The HC directed Nestle India to get the samples tested within six weeks.
Nestle withdrew Maggi noodles from Indian stores in June and, according to the company, all its existing stock of the fast-food were destroyed.
It is not known whether Nestle will be conducting tests from the same old stock or fresh products.
Additional solicitor general Anil Singh appearing for FSSAI asked for a stay on the order, but the court declines saying the order passed by the Food Safety and Standards Authority of India was set aside.
According to FSSAI, 30 out of 72 samples of the Maggi noodles had tested positive for dangerously high levels of lead and even MSG, despite packets proclaiming 'no added MSG'. FSSAI had alleged that Nestle had "failed to adhere to its own declared policy and principles".
The company, however, claimed that the ban was "unauthorised, arbitrary, unconstitutional for violating right to equality and trade'' and had violated the principles of natural justice as it had not been given proper hearing.
Nestle also said its own tests and tests conducted in some countries where it sold the product, including in the UK, Australia and Singapore, have not reported any problem with the product.
The court has given the regulator and FSSAI six weeks to challenge the ruling in the Supreme Court.
Nestle India is facing its worst-ever crisis in India after food safety inspectors in Uttar Pradesh state found excess lead in some Maggi noodle samples.
