The Bench
comprising of VM Kanade and BP Colabawalla set aside the 5th June
order of the Food safety and standards Authority of India. The food regulator
had asked the Nestle India to withdraw its nine variants of the Maggi noodle
from the market by terming them as unsafe and hazardous for human consumption.
The court
noticed that the principles of natural justice were not followed when the
orders were passed to ban the noodle
The court
has also ordered FSSAI to test 5 samples of the product in 3 labs accredited by
National Accreditation Board for testing and calibration laboratories. These 3
labs are in Hyderabad, Mohali and Jaipur. These samples are to be analysed
within 6 weeks and if the tests prove that the LEAD content in the product is
within permissible limit then Nestle can resume manufacturing of the famous
noodle.
Earlier
the Nestle Company argued that the CEO of FSSAI had acted emergent, drastic and
arbitrary fashion while passing the orders. The Company also alleged that they
were not served notice before passing the ban order.
Whereas,
the FSSAI has told that the bone of contention is Maggi noodles having
excessive lead content which the Nestle Company has been denying from the beginning.
Nestle is also accused of misleading the
customers by mentioning no added msg on it packets. But Nestle has argued that
before asking those to ban the product there ought to have been a mention of injury
or risk to health by the company. Therefore merely claiming that there was a
quality issue, the order could not have been processed.
Nestle
has been working on its operations in India for almost 30 years and in addition
to its worldwide reach. Children were told that they were consuming poison,
which is a matter of worry for the Company.
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