Nestle India challenges Maggi ban in Bombay HC

Terms ban arbitrary, argues that no prior notice was given; alleges company not given proper hearing

The Indian subsidiary of Swiss food major Nestlé, with worldwide sales of $100 billion, on Thursday moved the Bombay High Court against the country’s food regulator over Maggi noodles’ recall and ban on its production. The case will come up for hearing on Friday. The regulator, its chief executive, the government of Maharashtra and the Maharashtra commissioner of food safety have been made respondents in the case.

The legal action from the multinational comes less than a week after the Food Safety and Standards Authority of India (FSSAI) had ordered a pan-India recall of the instant noodles as traces of added monosodium glutamate (MSG) and excessive lead content was found in the samples tested by some states.

IN THE SOUP

• Nestlé moves Bombay HC to challenge FSSAI and Maharashtra food regulator orders
• Plea to be heard by the court on Friday
• Nestle claims the order of the Maharashtra food commissioner was illegal, arbitrary and violative of the principles of natural justice
• Tests by Singapore’s Agri-Food & Veterinary Authority, which had briefly halted sales of Maggi there, found the product safe to eat

Nestlé global chief executive Paul Bulcke had flown down to New Delhi last week to contain the damage. Soon after, the company had made a post-midnight announcement to recall Maggi noodles. While Bulcke was still explaining the product was safe and was being recalled as consumer trust had been shaken, FSSAI had declared the product “unsafe and hazardous” for health. The Maharashtra wing of the food regulator had banned the product in the state hours after the FSSAI action.

Nestlé India, in its petition, has sought a stay on the orders passed by FSSAI and the Maharashtra commissioner of Food Safety to recall Maggi noodles and impose a ban on its production, processing, import, distribution and sale. The company has also challenged the orders regarding withdrawal and recall of Maggi oat masala noodles, a brand which the regulator said had not been approved. The company has called the orders “illegal, arbitrary and violative of the principles of natural justice” and hence “violative of the Constitution of India” and should be set aside.



Last week, Nestlé India had moved the Uttarakhand high court against a state government order stopping Maggi noodles manufacturing at its Pantnagar plant. These orders have far reaching consequences on it and its right to carry on business, Nestlé India has said.

''There is no reference in the orders of any application by the designated officer of the existence of a “health risk condition” nor has the petitioner been served with any notice by any designated officer to that effect. The respondents have merely made reference to certain test reports in relation to Maggi noodles with taste maker drawn from the state of Maharashtra and states and on the basis of the fact that the test reports state that the taste maker indicated presence of lead in excess of permissible limit of 2.5 PPM. Thus, failure of the respondents to undertake risk analysis to determine even the existence of any health risk condition renders the impugned order void and liable to be set aside.''


Nestlé said that its product of Maggi Noodles and all its variants is manufactured in full compliance of the food regulations prescribed under the Act. According to the company, it has always committed and endeavoured and in fact maintained the highest standard of food safety and in the 30 year history of Maggi noodles in this country.

According to a company source, Nestlé India is in discussion with FSSAI over alleged contamination of Maggi noodles, but it was compelled to seek legal help on the matter as “things are not moving”. The issue of misinterpretation needs to be resolved soon, he said. FSSAI has not shared any details of the samples that were tested, according to another source. “The regulator has not informed Nestlé about the batch number, its testing locations, locations from where the samples were collected till date. Neither has the regulator shared the “methodology” of testing.”

In an official statement, the company said, “As part of the effort to resolve the Maggi noodles issue, Nestlé India has today (on Thursday) approached the Hon'ble Bombay High Court raising issues of interpretation of the Food Safety and Standards Act 2011, whilst seeking judicial review of the order dated June, 6, 2015 passed by the Food and Drug Administration in Maharashtra and the Order dated 5th June, 2015 passed by the Food Safety and Standards Authority of India (FSSAI).”

(With inputs from Arnab Dutta in New Delhi)